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Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;

where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Policing and Crime Act 2009 is up to date with all changes known to be in force on or before 21 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

E+W+S+N.I.

Policing and Crime Act 2009

2009 CHAPTER 26

An Act to make provision about the police; to make provision about prostitution, sex offenders, sex establishments and certain other premises; to make provision for reducing and dealing with the abuse of alcohol; to make provision about the proceeds of crime; to make provision about extradition; to amend the Aviation Security Act 1982; to make provision about criminal records and to amend the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; to confer, extend or facilitate search, forfeiture and other powers relating to the United Kingdom's borders or elsewhere; to make further provision for combatting crime and disorder; to repeal redundant provisions; and for connected purposes.

[12th November 2009]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1E+W+S+N.I.Police reform

Public accountabilityE+W+S+N.I.

1Duty of police authorities in relation to public accountabilityE+W+S+N.I.

(1)In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities must have regard in discharging their functions) after paragraph (a) insert—

“(aa)the views of people in the authority's area about policing in that area,”.

(2)In section 54(2A) of that Act (inspection and report powers of inspectors of constabulary) after “with” insert “ the requirement to have regard to the views of people in its area about policing in that area and its compliance with ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(3)[F2In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subject to general statutory duty) insert at the appropriate place—

“The Police Senior Appointments Panel.”]

(4)In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities) insert at the appropriate place—

“The Police Senior Appointments Panel”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

3Regulations about senior officersE+W+S+N.I.

“(6A)Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—

(a)steps to be taken in connection with the appointment of senior officers;

(b)payments to senior officers who cease to hold office before the end of a fixed term appointment.

(6B)In subsection (6A) “senior officer” means—

(a)a member of a police force holding a rank above that of chief superintendent;

(b)the Commissioner of Police for the City of London.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Police co-operationE+W+S+N.I.

5Police collaborationE+W+S+N.I.

“23Police force collaboration agreements

(1)The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces.

(2)An agreement may, in particular, provide—

(a)for the joint discharge of functions by members of police forces;

(b)for members of a police force to discharge functions in another force's area;

(c)for members of a police force to be provided to another force.

(3)An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement.

(4)An agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

(5)A chief officer may make an agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

(6)A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force.

(7)In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained.

(8)An agreement under this section is referred to in this Part as a police force collaboration agreement.

23APolice authority collaboration agreements

(1)Two or more police authorities may make an agreement about the provision of support—

(a)for any of those police authorities;

(b)for any of the police forces maintained by them.

(2)An agreement may, in particular, provide—

(a)for support to be provided jointly by two or more authorities;

(b)for support to be provided for two or more authorities or forces jointly;

(c)for an authority to provide support to another authority or to a force maintained by another authority.

(3)In this section references to the provision of support include, in particular, the provision of—

(a)premises;

(b)equipment;

(c)staff;

(d)services;

(e)facilities.

(4)A police authority may make an agreement which includes provision about the discharge of functions by employees who are under the direction and control of a chief officer only with the approval of that chief officer.

(5)A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.

(6)Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority.

(7)An agreement under this section is referred to in this Part as a police authority collaboration agreement.

23BCollaboration agreements: payments

(a)specify the authorities by which and to which a payment is to be made or the manner in which those authorities are to be determined;

(b)specify the amount of any payment or the manner in which it is to be determined.

(3)A relevant police authority must make any payments required by provision made under subsection (1).

(4)“Relevant police authority”—

(a)in relation to a police force collaboration agreement, means a police authority maintaining a police force whose chief officer is a party to the agreement, and

(b)in relation to a police authority collaboration agreement, means a police authority which is a party to the agreement.

(5)In this Part “collaboration agreement” means—

(a)a police force collaboration agreement, or

(b)a police authority collaboration agreement.

23CCollaboration agreements: consultation and supplemental

(1)A person must consult the Secretary of State before making a collaboration agreement to which there are 6 or more other parties.

(2)A collaboration agreement must be in writing.

(3)A collaboration agreement may make different provision for different cases or circumstances.

(4)A collaboration agreement may be varied by a subsequent collaboration agreement.

(5)A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

23DCollaboration agreements: accountability

(1)Where a chief officer makes a police force collaboration agreement, the police authority responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—

(a)is acting under the terms of the agreement, and

(b)while so acting, is under the direction and control of the chief officer.

(2)Before approving an agreement as mentioned in section 23(6), a police authority must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.

(3)When deciding what arrangements to make, the police authority shall, in particular, consider making arrangements for those functions to be discharged jointly with another police authority responsible for maintaining a force whose chief officer is a party to the agreement.

(4)The functions conferred on a police authority under this section do not affect any other function of holding a chief officer to account.

23ECollaboration agreements: publication

(1)A person who makes a collaboration agreement must—

(a)publish the agreement, or

(b)publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.

(2)In the case of a police force collaboration agreement, information notified to a chief officer under section 23D(2) must be published by the chief officer with the information under subsection (1).

23FCollaboration agreements: guidance

(1)The Secretary of State may give chief officers or police authorities guidance about collaboration agreements or related matters.

(2)In discharging their functions, chief officers and police authorities must have regard to the guidance.

23GCollaboration agreements: directions

(1)The Secretary of State may give chief officers or police authorities directions about collaboration agreements or related matters.

(2)A direction may be given to—

(a)one or more chief officers;

(b)one or more police authorities.

(3)A person to whom a direction is given must comply with it.

(4)A direction may, in particular—

(a)require two or more persons to make, or prohibit them from making, a collaboration agreement;

(b)require two or more persons to vary, or prohibit them from varying, a collaboration agreement;

(c)require two or more persons to consider making a collaboration agreement of a specified description;

(d)specify terms to be included, or not to be included, in collaboration agreements.

(5)A direction may relate to—

(a)a particular agreement,

(b)agreements of a particular description, or

(c)agreements in general.

(6)Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given.

23HCollaboration agreements: termination by Secretary of State

(1)The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement.

(2)A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period.

(3)Before giving a notice under this section the Secretary of State must consult the parties to the agreement.

23ICollaboration agreements: definitions

(1)This section has effect for the purposes of sections 23 to 23H.

(2)“Police force” includes—

(a)the British Transport Police Force, and

(b)the Civil Nuclear Constabulary.

(3)“Chief officer” means—

(a)in relation to the British Transport Police Force, the Chief Constable of the force,

(b)in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and

(c)in relation to any other police force, the chief officer of police of that force.

(4)“Police authority” includes—

(a)the British Transport Police Authority, and

(b)the Civil Nuclear Police Authority.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

6Authorisations to interfere with property etcE+W+S+N.I.

(1)Section 93 of the Police Act 1997 (c. 50) (rules for grant of authorisations) is amended as follows.

(2)In subsection (3) after “application made—” insert—

“(za)if the authorising officer is within subsection (5)(a) to (c)—

(i)by a member of the officer's police force; or

(ii)in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force;”.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(a)a person is the designated person by reference to an office, rank or position with a Scottish police force; and

(b)the chief constable of that force has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.

(3F)The designated person may grant an authorisation for persons holding offices, ranks or positions with a collaborative force to engage in any conduct to which this Chapter applies.

(3G)For the purposes of subsection (3F) a Scottish police force is a collaborative force if—

(a)its chief constable is a party to the agreement mentioned in subsection (3E)(b); and

(b)the persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be granted authorisations by the designated person.

(3H)A reference in subsections (3E) to (3G) to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.

(3I)Subsections (3B) and (3F) are subject to subsection (5).”

(3)In section 23 (form and duration of authorisations and notices), in subsection (3) at the end insert “ (subject to subsections (3A) and (3D)) ”.

(4)In that section, after subsection (3) insert—

“(3A)The provisions of a notice under section 22(4) may specify or otherwise identify a person for the purposes of subsection (3)(b) above if—

(a)the person giving the notice holds an office, rank or position with a police force (“notifying force”);

(b)the chief officer of police of the notifying force has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces; and

(c)the person specified in or otherwise identified in the notice holds an office, rank or position with a collaborative force.

(3B)For the purposes of subsection (3A) a police force is a collaborative force if—

(a)its chief officer of police is a party to the agreement mentioned in subsection (3A)(b); and

(b)the persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be specified or otherwise identified in notices under section 22(4) given by a person holding an office, rank or position with the notifying force.

(3C)A reference in subsections (3A) and (3B) to a police force is to the following—

(3D)The provisions of a notice under section 22(4) may also specify or otherwise identify a person for the purposes of subsection (3)(b) above if—

(a)the person giving the notice holds an office, rank or position with a Scottish police force (“Scottish notifying force”);

(b)the chief constable of the Scottish notifying force has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; and

(c)the person specified in or otherwise identified in the notice holds an office, rank or position with a collaborative force.

(3E)For the purposes of subsection (3D) a Scottish police force is a collaborative force if—

(a)its chief constable is a party to the agreement mentioned in subsection (3D)(b); and

(b)the persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be specified or otherwise identified in notices under section 22(4) given by a person holding an office, rank or position with the Scottish notifying force.

(3F)A reference in subsections (3D) and (3E) to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(i)the requirements of subsection (4A), in the case of a source of a relevant collaborative unit;

(ii)the requirements of subsection (4B), in the case of a source of a relevant Scottish collaborative unit;

(iii)the requirements of subsection (5), in the case of any other source;

and that satisfy such other requirements as may be imposed by order made by the Secretary of State.”

(3)After subsection (2) insert—

“(2A)For the purposes of subsection (2)—

(a)a relevant collaborative unit is a unit consisting of two or more police forces whose chief officers of police have made an agreement under section 23(1) of the Police Act 1996 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source; and

(b)a relevant Scottish collaborative unit is a unit consisting of two or more Scottish police forces whose chief constables have made an agreement under section 12(1) of the Police (Scotland) Act 1967 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source.”

(4)After subsection (4) insert—

“(4A)For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—

(a)that there will at all times be a qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare;

(b)that there will at all times be another qualifying person who will have general oversight of the use made of the source;

(c)that there will at all times be a qualifying person who will have responsibility for maintaining a record of the use made of the source;

(d)that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

(e)that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

(4B)For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—

(a)that there will at all times be a Scottish qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare;

(b)that there will at all times be another Scottish qualifying person who will have general oversight of the use made of the source;

(c)that there will at all times be a Scottish qualifying person who will have responsibility for maintaining a record of the use made of the source;

(d)that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

(e)that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.”

(5)After subsection (7) insert—

“(7A)For the purposes of subsection (4A) a person is a qualifying person if—

(a)the person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2A)(a); and

(b)persons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4A) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).

(7B)For the purposes of subsection (4B), a person is a Scottish qualifying person if—

(a)the person holds an office, rank or position with a Scottish police force whose chief constable is a party to the agreement mentioned in subsection (2A)(b); and

(b)persons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4B) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).”

(b)references to a Scottish police force are to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

9Authorisations for surveillance etcE+W+S+N.I.

(1)Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for grant of authorisations) is amended as follows.

(2)In subsection (1), at the end insert “ (subject to subsections (1ZB) and (1ZE)) ”.

(3)After subsection (1), insert—

“(1ZA)Subsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces.

(1ZB)A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.

(1ZC)For the purposes of subsection (1ZB) a police force is a collaborative force if—

(a)its chief officer of police is a party to the agreement mentioned in subsection (1ZA); and

(b)its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the authorising force.

(1ZD)Subsection (1ZE) applies if the chief constable of a Scottish police force (“the Scottish authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.

(1ZE)A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the Scottish authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.

(1ZF)For the purposes of subsection (1ZE) a Scottish police force is a collaborative force if—

(a)its chief constable is a party to the agreement mentioned in subsection (1ZD); and

(b)its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the Scottish authorising force.”

(a)the chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces; and

(b)an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.

(3ZB)A person who is a senior authorising officer by reference to the surveillance authorising force may—

(a)grant the authorisation;

(b)in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—

(i)the area of operation of a collaborative force; and

(ii)specified in relation to members of that force in the agreement mentioned in subsection (3ZA).

(3ZC)For the purposes of subsections (3ZA) and (3ZB) a police force is a collaborative force if—

(a)its chief officer of police is a party to the agreement mentioned in subsection (3ZA); and

(b)its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the surveillance authorising force.

(3ZD)Subsection (3ZE) applies if—

(a)the chief constable of a Scottish police force (“the Scottish surveillance authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; and

(b)an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.

(3ZE)A person who is a senior authorising officer by reference to the Scottish surveillance authorising force may—

(a)grant the authorisation;

(b)in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—

(i)the area of operation of a collaborative force; and

(ii)specified in relation to members of that force in the agreement mentioned in subsection (3ZD).

(3ZF)For the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a collaborative force if—

(a)its chief constable is a party to the agreement mentioned in subsection (3ZD); and

(b)its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the Scottish surveillance authorising force.”

(6)After subsection (5) insert—

“(5A)In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police force is to the following—

(5B)In subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) a reference to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(e)an order under section 11A of the Police Pensions Act 1976 (power to amend kinds of service),”, and

(b)for “draft of the regulations or rules” substitute “ draft of the regulations, rules or order ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

11Police equipmentE+W+S+N.I.

(1)Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.

(2)In subsection (1A)—

(a)in paragraphs (a), (b), (c) and (e) for “all police forces in England and Wales” substitute “ one or more police forces ”, and

(b)in paragraph (d) for “police forces in England and Wales” substitute “ one or more police forces ”.

(3)In subsection (1B) for “generally of the police forces maintained for police areas in England and Wales” substitute “ of one or more police forces ”.

(4)In subsection (2C) before paragraph (a) insert—

“(za)software;”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

12Police procedures and practicesE+W+S+N.I.

(1)Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and practices) is amended as follows.

(2)In subsection (1) for “all police forces in England and Wales” substitute “ one or more police forces ”.

(3)In subsection (7)(a) after “in order to” insert “—

(i)promote the efficiency and effectiveness of a police force, or

(ii)”.

Annotations:

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13Police facilities and servicesE+W+S+N.I.

In section 57(3) of the Police Act 1996 (regulations requiring police forces to use specified facilities or services) for “all police forces in England and Wales” substitute “ one or more police forces ”.

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Part 2E+W+S+N.I.Sexual offences and sex establishments

ProstitutionE+W+S+N.I.

14Paying for sexual services of a prostitute subjected to force etc: England and WalesE+W+S+N.I.

After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

“53APaying for sexual services of a prostitute subjected to force etc.

(1)A person (A) commits an offence if—

(a)A makes or promises payment for the sexual services of a prostitute (B),

(b)a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c)C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(2)The following are irrelevant—

(a)where in the world the sexual services are to be provided and whether those services are provided,

(b)whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3)C engages in exploitative conduct if—

(a)C uses force, threats (whether or not relating to violence) or any other form of coercion, or

(b)C practises any form of deception.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

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F315Paying for sexual services of a prostitute subjected to force etc: Northern IrelandE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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16Amendment to offence of loitering etc for purposes of prostitutionE+W+S+N.I.

(1)The Street Offences Act 1959 (c. 57) is amended as follows.

(2)In subsection (1) of section 1 (loitering or soliciting for purposes of prostitution)—

(a)for “common prostitute” substitute “ person ”, and

(b)after “female)” insert “ persistently ”.

(3)In subsection (4) of that section after “section” insert “—

(a)conduct is persistent if it takes place on two or more occasions in any period of three months;

(b)any reference to a person loitering or soliciting for the purposes of prostitution is a reference to a person loitering or soliciting for the purposes of offering services as a prostitute;

(c)”.

(4)Omit section 2 (application to court by person cautioned for loitering or soliciting).

(5)In determining for the purposes of section 1 of the Street Offences Act 1959 (c. 57) (as amended by this section) whether a person's conduct is persistent, any conduct that takes place before the commencement of this section is to be disregarded.

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17Orders requiring attendance at meetingsE+W+S+N.I.

“(2A)The court may deal with a person convicted of an offence under this section by making an order requiring the offender to attend three meetings with the person for the time being specified in the order (“the supervisor”) or with such other person as the supervisor may direct.

(2B)The purpose of an order under subsection (2A) is to assist the offender, through attendance at those meetings, to—

(a)address the causes of the conduct constituting the offence, and

(b)find ways to cease engaging in such conduct in the future.

(2C)Where the court is dealing with an offender who is already subject to an order under subsection (2A), the court may not make a further order under that subsection unless it first revokes the existing order.

(2D)If the court makes an order under subsection (2A) it may not impose any other penalty in respect of the offence.”

(3)After section 1 insert—

“1AOrders under section 1(2A): supplementary

(1)This section applies to an order under section 1(2A).

(2)The order may not be made unless a suitable person has agreed to act as supervisor in relation to the offender.

(3)In subsection (2) “suitable person” means a person appearing to the court to have appropriate qualifications or experience for helping the offender to make the best use of the meetings for the purpose mentioned in section 1(2B).

(4)The order must specify—

(a)a date (not more than six months after the date of the order) by which the meetings required by the order must take place;

(b)the local justice area in which the offender resides or will reside while the order is in force.

(5)The supervisor must determine—

(a)the times of the meetings required by the order and their duration, and

(b)the places at which they are held.

(6)The supervisor must—

(a)make any arrangements that are necessary to enable the meetings required by the order to take place; and

(b)once the order has been complied with, notify the court which made the order of that fact.

(7)The court making the order must provide copies of it to the offender and the supervisor.

(8)Subsection (9) applies where—

(a)the order is made by the Crown Court, or

(b)the order is made by a magistrates' court but specifies a local justice area for which the court making the order does not act.

(9)The court must provide to a magistrates' court acting for the local justice area specified in the order—

(a)a copy of the order, and

(b)any documents and information relating to the case that it considers likely to be of assistance to that court in the exercise of any functions in relation to the order.

(10)The order ceases to be in force (unless revoked earlier under section 1(2C) or under the Schedule to this Act)—

(a)at the end of the day on which the supervisor notifies the court that the order has been complied with, or

(b)at the end of the day specified in the order under subsection (4)(a),

whichever first occurs.

(11)The Schedule to this Act (which relates to failure to comply with orders under section 1(2A) and to the revocation or amendment of such orders) has effect.”

(4)At the end of the Act insert the Schedule set out in Schedule 1 to this Act.

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18Rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959E+W+S+N.I.

“(4D)The rehabilitation period applicable to an order under section 1(2A) of the Street Offences Act 1959 shall be six months from the date of conviction for the offence in respect of which the order is made.”]

(3)In section 6 of that Act (the rehabilitation period applicable to a conviction) after subsection (3) insert—

“(3A)Without prejudice to subsection (2), where—

(a)an order is made under section 1(2A) of the Street Offences Act 1959 in respect of a conviction,

(b)after the end of the rehabilitation period applicable to the conviction the offender is dealt with again for the offence for which that order was made, and

(c)the rehabilitation period applicable to the conviction in accordance with subsection (2) (taking into account any sentence imposed when so dealing with the offender) ends later than the rehabilitation period previously applicable to the conviction,

the offender shall be treated for the purposes of this Act as not having become a rehabilitated person in respect of that conviction, and that conviction shall for those purposes be treated as not having become spent, in relation to any period falling before the end of the new rehabilitation period.”

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19Soliciting: England and WalesE+W+S+N.I.

“51ASoliciting

(1)It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2)The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.”

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20Soliciting: Northern IrelandE+W+S+N.I.

“60Soliciting

(1)It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2)The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3)A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

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Closure orders: sexual offencesE+W+N.I.

21Closure ordersE+W+N.I.

(1)Schedule 2 (which amends the Sexual Offences Act 2003 to make provision about closure orders for premises used for activities related to certain sexual offences) has effect.

(2)For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act (as inserted by Schedule 2), it does not matter whether the offence or offences were committed before, or on or after, the date on which this section is commenced.

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“(4A)In section 132A the reference to section 127 of the Magistrates' Courts Act 1980 is to be read as a reference to Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981.”

(4)The amendments made by this section apply to a complaint made after the commencement of this section even if the matter of complaint arose more than 6 months before the making of the complaint.

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(2)The amendments made by this section apply for the purposes of the making, variation, renewal or discharge of orders after the commencement of this section.

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24Foreign travel orders: durationE+W+N.I.

(2)The amendment made by this section applies in relation to orders made, varied or renewed after the commencement of this section.

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“(1A)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).”

(4)The amendment made by subsection (2) applies in relation to orders made, varied or renewed after the commencement of this section.

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“(6)In subsection (5A) “a child indecency case” means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary for the purpose of preventing or detecting an offence under any of the provisions listed in subsection (7).

(7)Those provisions are—

(a)section 1 of the Protection of Children Act 1978 (showing or taking etc an indecent photograph of a child: England and Wales);

(b)Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for Northern Ireland);

(c)section 52 or 52A of the Civic Government (Scotland) Act 1982 (showing or taking etc or possessing an indecent photograph of a child: Scotland);

(d)section 160 of the Criminal Justice Act 1988 (possessing an indecent photograph of a child: England and Wales);

(4)The amendments made by this section apply in relation to cases in which the section 49 notice was given after the commencement of this section.

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“2A“Meaning of “sexual entertainment venue”

(1)In this Schedule “sexual entertainment venue” means any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.

(2)In this paragraph “relevant entertainment” means—

(a)any live performance; or

(b)any live display of nudity;

which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).

(3)The following are not sexual entertainment venues for the purposes of this Schedule—

(a)sex cinemas and sex shops;

(b)premises at which the provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the time in question and including any relevant entertainment which is being so provided at that time—

(i)there have not been more than eleven occasions on which relevant entertainment has been so provided which fall (wholly or partly) within the period of 12 months ending with that time;

(ii)no such occasion has lasted for more than 24 hours; and

(iii)no such occasion has begun within the period of one month beginning with the end of any previous occasion on which relevant entertainment has been so provided (whether or not that previous occasion falls within the 12 month period mentioned in sub-paragraph (i));

(c)premises specified or described in an order made by the relevant national authority.

(4)The relevant national authority may by order amend or repeal sub-paragraph (3)(b).

(5)But no order under sub-paragraph (4) may—

(a)increase the number or length of occasions in any period on which sub-paragraph (3)(b) as originally enacted would permit relevant entertainment to be provided; or

(b)provide for shorter intervals between such occasions.

(6)The relevant national authority may by order provide for descriptions of performances, or of displays of nudity, which are not to be treated as relevant entertainment for the purposes of this Schedule.

(7)Any power of the relevant national authority to make an order under this paragraph—

(a)is exercisable by statutory instrument;

(b)may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

(c)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(8)A statutory instrument containing an order under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9)A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)A statutory instrument containing an order under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11)A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12)For the purposes of this paragraph relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser.

(13)For the purposes of this Schedule references to the use of any premises as a sexual entertainment venue are to be read as references to their use by the organiser.

(14)In this paragraph—

“audience” includes an audience of one;

“display of nudity” means—

(a)

in the case of a woman, exposure of her nipples, pubic area, genitals or anus; and

(b)

in the case of a man, exposure of his pubic area, genitals or anus;

“the organiser”, in relation to the provision of relevant entertainment at premises, means any person who is responsible for the organisation or management of—

(a)

the relevant entertainment; or

(b)

the premises;

“premises” includes any vessel, vehicle or stall but does not include any private dwelling to which the public is not admitted;

“relevant national authority” means—

(a)

in relation to England, the Secretary of State; and

(b)

in relation to Wales, the Welsh Ministers;

and for the purposes of sub-paragraphs (1) and (2) it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.”

“(c)that the number of sex establishments, or of sex establishments of a particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;”.

“25A(1)A person acting under the authority of a warrant under paragraph 25(4) may seize and remove anything found on the premises concerned that the person reasonably believes could be forfeited under sub-paragraph (4).

(2)The person who, immediately before the seizure, had custody or control of anything seized under sub-paragraph (1) may request any authorised officer of a local authority who seized it to provide a record of what was seized.

(3)The authorised officer must provide the record within a reasonable time of the request being made.

(4)The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything—

(a)produced to the court; and

(b)shown to the satisfaction of the court to relate to the offence;

to be forfeited and dealt with in such manner as the court may order.

(5)But the court may not order the forfeiture of anything under sub-paragraph (4) if it (whether alone or taken together with other things being forfeited which appear to the court to have been in the custody or control of the same person) is worth more than the amount of the maximum fine specified in paragraph 22(1).

(6)Sub-paragraph (7) applies if a person claiming to be the owner of, or otherwise interested in, anything that may be forfeited applies to be heard by the court.

(7)The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made.”

(9)After paragraph 27(10) (appeals) insert—

“(10A)Sub-paragraph (10) does not apply if the grounds for refusing an application for the renewal of a licence are those set out in paragraph 12(3)(c) or (d) of this Schedule.”

(10)After paragraph 27 (appeals) insert—

“27A“Premises which are deemed sexual entertainment venues

(1)This paragraph applies if—

(a)premises are subject to a licence for a sexual entertainment venue; and

(b)their use would be use as such a venue but for the operation of paragraph 2A(3)(b).

(2)This Schedule applies as if—

(a)the premises were a sexual entertainment venue; and

(b)the use or business of the premises was use as, or the business of, such a venue.

(3)But the appropriate authority must cancel the licence if the holder of the licence asks them in writing to do so.

(4)In this paragraph “premises” has the same meaning as in paragraph 2A.”

(11)Schedule 3 (provisions which are transitional on this section) has effect.

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Part 3E+W+S+N.I.Alcohol misuse

28Selling alcohol to childrenE+W+S+N.I.

In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol to children on different occasions) for “3 or more different occasions” substitute “ 2 or more different occasions ”.

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29Confiscating alcohol from young personsE+W+S+N.I.

(1)Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of alcohol from young persons in a public place etc) is amended as follows.

(2)In subsection (1) omit “and to state his name and address”.

(3)After subsection (1) insert—

“(1AA)A constable who imposes a requirement on a person under subsection (1) shall also require the person to state the person's name and address.

(1AB)A constable who imposes a requirement on a person under subsection (1) may, if the constable reasonably suspects that the person is under the age of 16, remove the person to the person's place of residence or a place of safety.”

(4)Subsection (1A) is omitted.

(5)In subsection (3) after “subsection (1)” insert “ or (1AA) ”.

(6)In subsection (4) after “that subsection” insert “ or (1AA) ”.

(7)In subsection (6) omit “and (1A)”.

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30Offence of persistently possessing alcohol in a public placeE+W+N.I.

(1)A person under the age of 18 is guilty of an offence if, without reasonable excuse, the person is in possession of alcohol in any relevant place on 3 or more occasions within a period of 12 consecutive months.

(2)“Relevant place”, in relation to a person, means—

(a)any public place, other than excluded premises, or

(b)any place, other than a public place, to which the person has unlawfully gained access.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4)For the purposes of subsection (2) a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission.

(5)In subsection (2) “excluded premises”—

(a)in relation to England and Wales, means—

(i)premises which may by virtue of Part 3 or 5 of the Licensing Act 2003 (c. 17) (premises licence or permitted temporary activity) be used for the supply of alcohol,

(ii)premises which may by virtue of Part 4 of that Act (club premises certificate) be used for the supply of alcohol to members or guests,

(b)in relation to Northern Ireland, means—

(i)licensed premises within the meaning of the 1996 Licensing Order,

(ii)premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23)),

(iii)premises for which an occasional licence (within the meaning of the 1996 Licensing Order) has been granted.

(6)In this section “alcohol”—

(a)in relation to England and Wales, has the same meaning as in the Licensing Act 2003,

(b)in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the 1996 Licensing Order.

(7)References in this section to the 1996 Licensing Order are to the Licensing (Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).

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F531Directions to individuals who represent a risk of disorderE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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32Mandatory licensing conditions relating to alcoholE+W+S+N.I.

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33Individual members of licensing authorities to be interested partiesE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(a)in paragraph (a), “production”, “supply” and “controlled drug” have the meaning given by section 37(1) of the Misuse of Drugs Act 1971;

(b)in paragraph (b), “production”, “supply” and “psychoactive substance” have the meaning given by section 59 of the Psychoactive Substances Act 2016.]]

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(3)The requirements included in the injunction may, in particular, have the effect of requiring the respondent to—

(a)notify the person who applied for the injunction of the respondent's address and of any change to that address;

(b)be at a particular place between particular times on particular days;

(c)present himself or herself to a particular person at a place where he or she is required to be between particular times on particular days;

(d)participate in particular activities between particular times on particular days.

(4)A requirement of the kind mentioned in subsection (3)(b) may not be such as to require the respondent to be at a particular place for more than 8 hours in any day.

(5)The prohibitions and requirements included in the injunction must, so far as practicable, be such as to avoid—

(a)any conflict with the respondent's religious beliefs, and

(b)any interference with the times, if any, at which the respondent normally works or attends any educational establishment.

(6)Nothing in subsection (2) or (3) affects the generality of section 34(4).

(7)In subsection (2) “place” includes an area.

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36Contents of injunctions: supplementalE+W

(1)This section applies in relation to an injunction under section 34.

(2)The injunction may not include a prohibition or requirement that has effect after the end of the period of 2 years beginning with the day on which the injunction is granted (“the injunction date”).

(3)The court may order the applicant and the respondent to attend one or more review hearings on a specified date or dates.

(4)If any prohibition or requirement in the injunction is to have effect after the end of the period of 1 year beginning with the injunction date, the court must order the applicant and the respondent to attend a review hearing on a specified date within the last 4 weeks of the 1 year period (whether or not the court orders them to attend any other review hearings).

(b)any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday,

the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.]

(5)A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.

(6)The court may attach a power of arrest in relation to—

(a)any prohibition in the injunction, or

(b)any requirement in the injunction, other than one which has the effect of requiring the respondent to participate in particular activities.

(7)If the court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.

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(a)in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council.

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38Consultation by applicants for injunctionsE+W

(1)Before applying for an injunction under section 37, the applicant must comply with the consultation requirement.

(2)The consultation requirement is that the applicant must consult—

(a)any local authority, and any chief police officer, that the applicant thinks it appropriate to consult, and

[F13(aa)where the respondent is under the age of 18 (and will be under that age when the application is made), the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the applicant that the respondent resides, and]

(b)any other body or individual that the applicant thinks it appropriate to consult.

[F14(3)If it appears to the applicant that the respondent resides in the area of two or more youth offending teams, the obligation in subsection (2)(aa) is to consult such of those teams as the applicant thinks appropriate.]

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39Applications without noticeE+W

(1)An application under section 37 may be made without the respondent being given notice.

(2)In this Part, such an application is referred to as an application without notice.

(3)Section 38(1) does not apply in relation to an application without notice.

(4)If an application without notice is made the court must either—

(a)dismiss the application, or

(b)adjourn the proceedings.

(5)If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.

(6)In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.

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Interim injunctionsE+W

40Interim injunctions: adjournment of on notice hearingE+W

(a)the court adjourns the hearing of an application for an injunction under section 34, and

(b)the respondent was notified of the hearing in accordance with rules of court.

(2)The court may grant an interim injunction if it thinks that it is just and convenient to do so.

(3)An interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).

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41Interim injunctions: adjournment of without notice hearingE+W

(b)the proceedings are adjourned (otherwise than at a full hearing within the meaning of that section).

(2)The court may grant an interim injunction if it thinks that it is necessary to do so.

(3)An interim injunction under this section may not have the effect of requiring the respondent to participate in particular activities.

(4)Except as provided by subsection (3), an interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).

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(a)include an additional prohibition or requirement in the injunction;

(b)extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2));

(c)attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect.

(4)Section 36(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it.

(b)any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday,

the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.]

(5)Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5).

[F16(6)If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.]

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Arrest and remandE+W

43Arrest without warrantE+W

(1)This section applies if a power of arrest is attached to a provision of an injunction under this Part.

(2)A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

(3)If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.

(4)A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.

(5)If the matter is not disposed of when the person is brought before the judge, the judge may remand the person.

(6)In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(7)In this Part “relevant judge”, in relation to an injunction, [F17means a judge of the court that granted the injunction, except that where—

(a)the respondent is aged 18 or over, but

(b)the injunction was granted by a youth court,

it means a judge of the county court. ]

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44Issue of warrant of arrestE+W

(1)This section applies in relation to an injunction under this Part.

(2)If the person who applied for the injunction considers that the respondent is in breach of any of its provisions, the person may apply to a relevant judge for the issue of a warrant for the arrest of the respondent.

(3)A relevant judge may not issue a warrant on an application under subsection (2) unless the judge has reasonable grounds for believing that the respondent is in breach of any provision of the injunction.

(4)If a person is brought before a court by virtue of a warrant under subsection (3), but the matter is not disposed of, the court may remand the person.

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45Remand for medical examination and reportE+W

(1)This section applies in relation to a person who is brought before the relevant judge or the court under section 43 or 44.

(2)If the relevant judge or the court has reason to consider that a medical report will be required, the judge or the court may remand the person under section 43(5) or (as the case may be) 44(4) for the purpose of enabling a medical examination to take place and a report to be made.

(3)If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

(4)If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

(5)If the relevant judge or the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the judge or the court has the same power to make an order under section 35 of that Act (remand for report on accused's medical condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).

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46Further provision about remandsE+W

Schedule 5 (which makes further provision about the remand of a person under sections 43(5) and 44(4)) has effect.

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[F1846ABreach of injunction: supplementary powers in respect of under-18sE+W

Schedule 5A (which makes provision about the powers of the court in relation to breach of an injunction by a respondent aged under 18) has effect.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

46BAppeals against decisions of youth courtsE+W

(1)An appeal lies to the Crown Court against a decision of a youth court made under this Part.

(2)On an appeal under this section the Crown Court may make—

(a)whatever orders are necessary to give effect to its determination of the appeal;

(b)whatever incidental or consequential orders appear to it to be just.

(3)An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a youth court) is to be treated for the purposes of section 42 as an order of a youth court.]

MiscellaneousE+W

47GuidanceE+W

(1)The Secretary of State must issue guidance relating to injunctions under this Part.

(2)The Secretary of State may revise any guidance issued under subsection (1).

(3)Before issuing or revising any guidance under this section the Secretary of State must consult the Lord Chief Justice of England and Wales and such other persons as the Secretary of State thinks appropriate.

(4)The Secretary of State must lay any guidance issued or revised under this section before Parliament.

(5)The Secretary of State must publish any guidance issued or revised under this section.

(6)Each of the following must have regard to any guidance published under subsection (5)—

(a)a chief officer of police for a police area;

(b)the chief constable of the British Transport Police Force;

(c)a local authority.

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(a)to a decision under section 39(4)(a) that an application without notice be dismissed, and

(b)to a decision] to refuse to grant an interim injunction under section 41.

[F23(4)In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

(a)provide for the transfer of the proceedings from a youth court to the High Court or the county court;

(b)prescribe circumstances in which the proceedings may or must remain in a youth court.]

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49InterpretationE+W

(a) in the case of a respondent aged under 18, means a youth court, and

(b) in any other case, means the High Court or the county court,

but this is subject to any provision in rules of court that is or could be made under section 48(4);]

[F25 “ drug-dealing activity ” has the meaning given by section 34(7); ]

[F26 “ judge ”, in relation to a youth court, means a person qualified to sit as a member of that court; ]

“local authority” has the meaning given by section 37(2);

“relevant judge” has the meaning given by section 43(7);

“respondent” means the person in respect of whom an application for an injunction is made or (as the context requires) the person against whom such an injunction is granted;

“review hearing” has the meaning given by section 36(5);

“specify”, in relation to an injunction, means specify in the injunction;

“violence” includes violence against property.

(2)Any reference in this Part to an injunction under this Part includes a reference to an interim injunction.

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50Review of operation of this PartE+W

(2)The report must be published before the end of the period of 3 years beginning with the day on which this Part comes into force.

(3)The Secretary of State must lay the report before Parliament.

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Part 5E+W+S+N.I.Proceeds of crime

ConfiscationE+W+S+N.I.

51Recovery of expenses etcE+W+S+N.I.

(2)In section 55 (sums received by designated officer in England and Wales) for subsection (7) substitute—

“(7)Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

(8)The following fall within this subsection—

(a)a constable,

(b)a person employed by a police authority in England and Wales under section 15 of the Police Act 1996 or a member of staff of the City of London police force,

(c)an accredited financial investigator,

(d)a member of staff of the Crown Prosecution Service,

(e)a member of staff of the Serious Fraud Office,

(f)a member of staff of the Revenue and Customs Prosecutions Office,

(g)a member of staff of the Commissioners for Her Majesty's Revenue and Customs,

(h)a member of staff of SOCA,

(i)a member of staff of any government department not mentioned above.

(9)It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

(10)The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”

“(7)Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

(8)The following fall within this subsection—

(a)a constable,

(b)a member of staff of the Northern Ireland Policing Board,

(c)an accredited financial investigator,

(d)a member of staff of the Public Prosecution Service for Northern Ireland,

(e)a member of staff of the Serious Fraud Office,

(f)a member of staff of a Northern Ireland department,

(g)a member of staff of the Commissioners for Her Majesty's Revenue and Customs,

(h)a member of staff of SOCA.

(9)It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

(10)The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”

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52Power to retain seized property: England and WalesE+W+S+N.I.

“41ARestraint orders: power to retain seized property etc.

(1)A restraint order may include provision authorising the detention of any property to which it applies if the property—

(a)is seized by an appropriate officer under a relevant seizure power, or

(b)is produced to an appropriate officer in compliance with a production order under section 345.

(2)Provision under subsection (1) may, in particular—

(a)relate to specified property, to property of a specified description or to all property to which the restraint order applies;

(b)relate to property that has already been seized or produced or to property that may be seized or produced in future.

(3)“Appropriate officer” means—

(a)an accredited financial investigator;

(b)a constable;

(c)an officer of Revenue and Customs;

(d)a member of staff of SOCA;

(e)a member of staff of the relevant director (within the meaning of section 352(5A)).

(4)“Relevant seizure power” means a power to seize property which is conferred by or by virtue of—

(a)section 47C,

(b)section 352, or

(c)Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act).

(5)The Secretary of State may by order amend the definition of “relevant seizure power”.”

(3)After section 44 insert—

“44ADetention of property pending appeal

(1)This section applies where—

(a)a restraint order includes provision under section 41A authorising the detention of property, and

(b)the restraint order is discharged under section 42(5) or 43(3)(b).

(2)This section also applies where—

(a)a restraint order includes provision under section 41A authorising the detention of property, and

(b)the restraint order is varied under section 42(5) or 43(3)(b) so as to omit any such provision.

(3)The property may be detained until there is no further possibility of an appeal against—

(a)the decision to discharge or vary the restraint order, or

(b)any decision made on an appeal against that decision.”

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53Power to retain seized property: ScotlandE+W+S+N.I.

“120ARestraint orders: power to retain seized property etc.

(1)A restraint order may include provision authorising the detention of any property to which it applies if the property—

(a)is seized by an appropriate officer under a relevant seizure power, or

(b)is produced to an appropriate officer in compliance with a production order under section 380.

(2)Provision under subsection (1) may, in particular—

(a)relate to specified property, to property of a specified description or to all property to which the restraint order applies;

(b)relate to property that has already been seized or produced or to property that may be seized or produced in future.

(3)“Appropriate officer” means—

(a)a constable;

(b)an officer of Revenue and Customs;

(c)a member of staff of SOCA.

(4)“Relevant seizure power” means a power to seize property conferred by or by virtue of—

(a)section 127C or 387,

(b)a warrant granted under any other enactment or any rule of law, or

(c)any other enactment, or any rule of law, under which the authority of a warrant is not required.”

(3)After section 122 insert—

“122ADetention of property pending appeal

(1)This section applies where—

(a)a restraint order includes provision under section 120A authorising the detention of property, and

(b)the restraint order is recalled under section 121(7).

(2)This section also applies where—

(a)a restraint order includes provision under section 120A authorising the detention of property, and

(b)the restraint order is varied under section 121(7) so as to omit any such provision.

(3)The property may be detained until there is no further possibility of an appeal against (or review of)—

(a)the decision to recall or vary the restraint order, or

(b)any decision made on an appeal against (or review of) that decision.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

54Power to retain seized property: Northern IrelandE+W+S+N.I.

“190ARestraint orders: power to retain seized property

(1)A restraint order may include provision authorising the detention of any property to which it applies if the property—

(a)is seized by an appropriate officer under a relevant seizure power, or

(b)is produced to an appropriate officer in compliance with a production order under section 345.

(2)Provision under subsection (1) may, in particular—

(a)relate to specified property, to property of a specified description or to all property to which the restraint order applies;

(b)relate to property that has already been seized or produced or to property that may be seized or produced in future.

(3)“Appropriate officer” means—

(a)an accredited financial investigator;

(b)a constable;

(c)an officer of Revenue and Customs;

(d)a member of staff of SOCA;

(e)a member of staff of the relevant director (within the meaning of section 352(5A)).

(4)“Relevant seizure power” means a power to seize property conferred by or by virtue of—

(a)section 195C,

(b)section 352, or

(c)Part 3 or 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (including as applied by order under Article 85(1) of that Order).

(5)The Secretary of State may by order amend the definition of “relevant seizure power”.”

(3)After section 193 insert—

“193ADetention of property pending appeal

(1)This section applies where—

(a)a restraint order includes provision under section 190A authorising the detention of property, and

(b)the restraint order is discharged under section 191(5) or 192(3)(b).

(2)This section also applies where—

(a)a restraint order includes provision under section 190A authorising the detention of property, and

(b)the restraint order is varied under section 191(5) or 192(3)(b) so as to omit any such provision.

(3)The property may be detained until there is no further possibility of an appeal against—

(a)the decision to discharge or vary the restraint order, or

(b)any decision made on an appeal against that decision.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

55Search and seizure of property: England and WalesE+W+S+N.I.

“Search and seizure powersE+W+S+N.I.

47ASections 47B to 47S: meaning of “appropriate officer”

(1)In sections 47B to 47S “appropriate officer” means—

(a)an officer of Revenue and Customs,

(b)a constable, or

(c)an accredited financial investigator.

(2)In subsection (1)(c) the reference to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that provision by the Secretary of State under section 453.

47BConditions for exercise of powers

(1)An appropriate officer may exercise the power conferred by section 47C if satisfied that any of the following conditions is met.

(2)The first condition is that—

(a)a criminal investigation has been started in England and Wales with regard to an indictable offence,

(b)a person has been arrested for the offence,

(c)proceedings for the offence have not yet been started against the person in England and Wales,

(d)there is reasonable cause to believe that the person has benefited from conduct constituting the offence, and

(e)a restraint order is not in force in respect of any realisable property.

(3)The second condition is that—

(a)a criminal investigation has been started in England and Wales with regard to an indictable offence,

(b)a person has been arrested for the offence,

(c)proceedings for the offence have not yet been started against the person in England and Wales, and

(d)a restraint order is in force in respect of any realisable property.

(4)The third condition is that—

(a)proceedings for an indictable offence have been started in England and Wales and have not been concluded,

(b)there is reasonable cause to believe that the defendant has benefited from conduct constituting the offence, and

(c)a restraint order is not in force in respect of any realisable property.

(5)The fourth condition is that—

(a)proceedings for an indictable offence have been started in England and Wales and have not been concluded, and

(b)a restraint order is in force in respect of any realisable property.

(6)The fifth condition is that—

(a)an application by the prosecutor has been made under section 19, 20, 27 or 28 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the defendant has benefited from criminal conduct.

(7)The sixth condition is that—

(a)an application by the prosecutor has been made under section 21 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant's benefit exceeds the relevant amount (as defined in that section).

(8)The seventh condition is that—

(a)an application by the prosecutor has been made under section 22 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

(9)The third or fourth condition is not met if the officer believes that—

(a)there has been undue delay in continuing the proceedings, or

(b)the prosecutor does not intend to proceed.

(10)If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that—

(a)there has been undue delay in continuing the application, or

(b)the prosecutor does not intend to proceed.

(11)In relation to the first or second condition references in sections 47C to 47S to the defendant are to the person mentioned in that condition.

(12)In relation to the first or second condition section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

47CPower to seize property

(1)On being satisfied as mentioned in section 47B(1) an appropriate officer may seize any realisable property if the officer has reasonable grounds for suspecting that—

(a)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or

(b)the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.

(2)But the officer may not seize—

(a)cash, or

(b)exempt property.

(3)“Cash” has the same meaning as in section 289.

(4)“Exempt property” means—

(a)such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation;

(b)such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family.

(5)In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the defendant are to be read as references to the recipient of that gift.

Section 47B(11) is subject to this subsection.

(6)The power conferred by this section—

(a)may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and

(b)is exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979).

(7)“Relevant offence” means—

(a)in a case where the officer is satisfied that the first, second, third or fourth condition in section 47B is met, the offence mentioned in that condition,

(b)in a case where the officer is satisfied that any of the other conditions in section 47B is met, the offence (or any of the offences) concerned.

47DSearch power: premises

(1)If an appropriate officer is lawfully on any premises the officer may search the premises for the purpose of finding any property which—

(a)the officer has reasonable grounds for suspecting may be found there, and

(b)if found there, the officer intends to seize under section 47C.

(2)The power conferred by this section may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

(3)“Premises” has the meaning given by section 23 of the Police and Criminal Evidence Act 1984.

47ESearch power: people

(1)An appropriate officer may exercise the following powers if the officer has reasonable grounds for suspecting that a person is carrying property that may be seized under section 47C.

(2)The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under that section, require the person—

(a)to permit a search of any article with the person,

(b)to permit a search of the person.

(3)An officer exercising a power under subsection (2) may detain the person for so long as is necessary for its exercise.

(4)A power conferred by this section may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

(5)This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

47FSearch power: vehicles

(1)The powers specified in subsection (4) are exercisable if—

(a)an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 47C, and

(b)it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle.

(2)The powers are exercisable only if the vehicle is—

(a)in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

(b)in any other place to which at that time people have ready access but which is not a dwelling.

(3)But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the officer may exercise the powers under subsection (4) only if the officer has reasonable grounds for believing—

(a)that the person does not reside in the dwelling, and

(b)that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling.

(4)The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under section 47C, require the person to—

(a)permit entry to the vehicle,

(b)permit a search of the vehicle.

(5)An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise.

(6)A power conferred by this section may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

47G“Appropriate approval”

(1)This section has effect for the purposes of sections 47C, 47D, 47E and 47F.

(2)The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of a justice of the peace or (if that is not practicable in any case) the approval of a senior officer.

(3)A senior officer means—

(a)in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

(b)in relation to the exercise of a power by a constable, a senior police officer,

(c)in relation to the exercise of a power by an accredited financial investigator, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453.

(4)A senior police officer means a police officer of at least the rank of inspector.

47HExercise of powers without judicial approval

(1)An appropriate officer must give a written report to the appointed person in any case where—

(a)the officer seizes property under section 47C without the approval of a justice of the peace, and

(b)any of the property seized is not detained for more than 48 hours.

(2)An appropriate officer must also give a written report to the appointed person in any case where—

(a)the officer exercises any of the powers conferred by sections 47D, 47E and 47F without the approval of a justice of the peace, and

(b)no property is seized under section 47C.

(3)A report under this section must give particulars of the circumstances which led the officer to believe that—

(a)the powers were exercisable, and

(b)it was not practicable to obtain the approval of a justice of the peace.

(4)The appointed person means a person appointed for the purposes of this subsection by the Secretary of State.

(5)The appointed person must not be a person employed under or for the purposes of a government department; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Secretary of State.

(6)The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7).

(7)In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday, or

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

47IReport by appointed person on exercise of powers

(1)As soon as possible after the end of each financial year, the person appointed under section 47H(4) must prepare a report for that year.

(2)“Financial year” means—

(a)the period beginning with the day on which section 55 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and

(b)each subsequent period of twelve months beginning with 1 April.

(3)The report must give the appointed person's opinion as to the circumstances and manner in which the powers conferred by sections 47C, 47D, 47E and 47F are being exercised in cases where the officer who exercised them is required to give a report under section 47H.

(4)The report may make any recommendations the appointed person considers appropriate.

(5)The appointed person must send a copy of the report to the Secretary of State.

(6)The Secretary of State must—

(a)publish any report received under subsection (5), and

(b)lay a copy before Parliament.

(7)Before acting under subsection (6) the Secretary of State must exclude from the report any matter which the Secretary of State thinks is likely to prejudice any criminal investigation or criminal proceedings.

(8)If the Secretary of State excludes any matter from the report the Secretary of State must comply with subsection (6) in relation to the whole of the report as soon as the Secretary of State thinks that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

47JInitial detention of seized property

(3)The period of 48 hours is to be calculated in accordance with section 47H(7).

47KFurther detention pending making of restraint order

(1)This section applies if—

(a)property is detained under section 47J, and

(b)no restraint order is in force in respect of the property.

(2)If within the period mentioned in section 47J an application is made for a restraint order which includes provision under section 41A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against that decision.

(4)In subsection (2) the reference to the period mentioned in section 47J includes that period as extended by any order under section 47M.

47LFurther detention pending variation of restraint order

(1)This section applies if—

(a)property is detained under section 47J,

(b)a restraint order is in force in respect of the property, and

(c)the order does not include provision under section 41A authorising the detention of the property.

(2)If within the period mentioned in section 47J an application is made for the order to be varied so as to include provision under section 41A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against that decision.

47MFurther detention in other cases

(1)This section applies if—

(a)property is detained under section 47J,

(b)no restraint order is in force in respect of the property, and

(c)no application has been made for a restraint order which includes provision under section 41A authorising detention of the property.

(2)A magistrates' court may by order extend the period for which the property or any part of it may be detained under section 47J if satisfied that—

(a)any of the conditions in section 47B is met (reading references in that section to the officer as references to the court),

(b)the property or part is realisable property other than exempt property (within the meaning of section 47C(4)), and

(c)there are reasonable grounds for suspecting that—

(i)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or

(ii)the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.

(3)An application for an order may be made by—

(a)the Commissioners for Her Majesty's Revenue and Customs,

(b)a constable,

(c)an accredited financial investigator, or

(d)the prosecutor.

(4)If the property was seized in reliance on the first or second condition in section 47B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence.

(5)An order under this section must provide for notice to be given to persons affected by it.

(6)In this section “part” includes portion.

47NDischarge, variation and lapse of detention order

(1)An order under section 47M may be discharged or varied.

(2)An application for variation or discharge of the order may be made by—

(a)a person mentioned in section 47M(3), or

(b)any person affected by the order.

(3)On an application under this section the court must discharge the order if—

(a)the order was made on the ground that the first or second condition in section 47B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time,

(b)the order was made on the ground that the third or fourth condition in section 47B was met but proceedings for the offence mentioned in that condition have now been concluded,

(c)the order was made on the ground that the fifth, sixth or seventh condition in section 47B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time.

(4)An order made under section 47M lapses if a restraint order is made in respect of the property to which it relates (but provision authorising detention of the property may have been included in the restraint order by virtue of section 41A).

47OAppeals

(1)If on an application for an order under section 47M the magistrates' court decides not to make an order, a person mentioned in subsection (3) of that section may appeal to the Crown Court against the decision.

(2)If an application is made under section 47N in relation to an order the following persons may appeal to the Crown Court in respect of the magistrates' court's decision on the application—

(a)a person mentioned in section 47M(3), or

(b)any person affected by the order.

47PDetention of property pending section 47O appeal

(1)This section applies where—

(a)an application for an order under section 47M is made within the period mentioned in section 47J, and

(b)the application is refused.

(2)This section also applies where—

(a)an order is made under section 47M extending the period for which property may be detained under section 47J, and

(b)the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.

(3)The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).

47QHearsay evidence in detention order proceedings

(1)Evidence must not be excluded in detention order proceedings on the ground that it is hearsay (of whatever degree).

(2)Sections 2 to 4 of the Civil Evidence Act 1995 apply in relation to detention order proceedings as those sections apply in relation to civil proceedings.

(3)Detention order proceedings are proceedings—

(a)for an order under section 47M;

(b)for the discharge or variation of such an order;

(c)on an appeal under section 47O.

(4)Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is tendered as evidence of the matters stated.

(5)Nothing in this section affects the admissibility of evidence which is admissible apart from this section.

47RRelease of property

(1)This section applies in relation to property which—

(a)has been seized by an appropriate officer under section 47C, and

(b)is detained under or by virtue of any of sections 47J to 47M and 47P.

(2)The property must be released if at any time an appropriate officer decides that the detention condition is no longer met.

(3)The detention condition is met for so long as—

(a)any of the conditions in section 47B is met, and

(b)there are reasonable grounds for the suspicion mentioned in section 47C(1).

(4)Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 47J to 47M and 47P.

(5)Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.

Code of practice about search and seizure and detention of propertyE+W+S+N.I.

47SCodes of practice

(1)The Secretary of State must make a code of practice in connection with—

(a)the carrying out by appropriate officers of the functions conferred by sections 47C to 47H,

(b)the carrying out by senior officers of their functions under section 47G, and

(c)the detention of property under or by virtue of sections 41A, 44A and 47J to 47P.

(2)Where the Secretary of State proposes to issue a code of practice the Secretary of State must—

(a)publish a draft,

(b)consider any representations made about the draft,

(c)if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.

(3)The Secretary of State must lay a draft of the code before Parliament.

(4)When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by order.

(5)The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

(6)A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.

(7)The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.”

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

127ASections 127B to 127R: meaning of “appropriate officer”

127BConditions for exercise of powers

(1)An appropriate officer may exercise the power conferred by section 127C if satisfied that any of the following conditions is met.

(2)The first condition is that—

(a)a criminal investigation has been started in Scotland with regard to an indictable offence,

(b)a person has been arrested for the offence,

(c)proceedings for the offence have not yet been started against the person in Scotland,

(d)there is reasonable cause to believe that the person has benefited from conduct constituting the offence, and

(e)a restraint order is not in force in respect of any realisable property.

(3)The second condition is that—

(a)a criminal investigation has been started in Scotland with regard to an indictable offence,

(b)a person has been arrested for the offence,

(c)proceedings for the offence have not yet been started against the person in Scotland, and

(d)a restraint order is in force in respect of any realisable property.

(4)The third condition is that—

(a)proceedings for an indictable offence have been started in Scotland and have not been concluded,

(b)there is reasonable cause to believe that the accused has benefited from conduct constituting the offence, and

(c)a restraint order is not in force in respect of any realisable property.

(5)The fourth condition is that—

(a)proceedings for an indictable offence have been started in Scotland and have not been concluded, and

(b)a restraint order is in force in respect of any realisable property.

(6)The fifth condition is that—

(a)an application by the prosecutor has been made under section 104, 105, 111 or 112 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the accused has benefited from criminal conduct.

(7)The sixth condition is that—

(a)an application by the prosecutor has been made under section 106 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the accused's benefit exceeds the relevant amount (as defined in that section).

(8)The seventh condition is that—

(a)an application by the prosecutor has been made under section 107 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

(9)The third or fourth condition is not met if the officer believes that—

(a)there has been undue delay in continuing the proceedings, or

(b)the prosecutor does not intend to proceed.

(10)If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that—

(a)there has been undue delay in continuing the application, or

(b)the prosecutor does not intend to proceed.

(11)In relation to the first or second condition references in sections 127C to 127R to the accused are to the person mentioned in that condition.

(12)In relation to the first or second condition section 144(8) has effect as if proceedings for the offence had been started against the accused when the investigation was started.

127CPower to seize property

(1)On being satisfied as mentioned in section 127B(1) an appropriate officer may seize any realisable property if the officer has reasonable grounds for suspecting that—

(a)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the accused, or

(b)the value of the property may otherwise be diminished as a result of conduct by the accused or any other person.

(2)But the officer may not seize—

(a)cash, or

(b)exempt property.

(3)“Cash” has the same meaning as in section 289.

(4)“Exempt property” means—

(a)such tools, books, vehicles and other items of equipment as are necessary to the accused for use personally in the accused's employment, business or vocation;

(b)such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the accused and the accused's family.

(5)In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the accused are to be read as references to the recipient of that gift.

Section 127B(11) is subject to this subsection.

(6)The power conferred by this section—

(a)may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and

(b)is exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979).

(7)“Relevant offence” means—

(a)in a case where the officer is satisfied that the first, second, third or fourth condition in section 127B is met, the offence mentioned in that condition,

(b)in a case where the officer is satisfied that any of the other conditions in section 127B is met, the offence (or any of the offences) concerned.

127DSearch power: premises

(1)If an appropriate officer is lawfully on any premises the officer may search the premises for the purpose of finding any property which—

(a)the officer has reasonable grounds for suspecting may be found there, and

(b)if found there, the officer intends to seize under section 127C.

(2)The power conferred by this section may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

(3)“Premises” has the meaning given by section 23 of the Police and Criminal Evidence Act 1984.

127ESearch power: people

(1)An appropriate officer may exercise the following powers if the officer has reasonable grounds for suspecting that a person is carrying property that may be seized under section 127C.

(2)The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under that section, require the person—

(a)to permit a search of any article with the person,

(b)to permit a search of the person.

(3)An officer exercising a power under subsection (2) may detain the person for so long as is necessary for its exercise.

(4)A power conferred by this section may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

(5)This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

127FSearch power: vehicles

(1)The powers specified in subsection (4) are exercisable if—

(a)an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 127C, and

(b)it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle.

(2)The powers are exercisable only if the vehicle is—

(a)in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

(b)in any other place to which at that time people have ready access but which is not a dwelling.

(3)But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the officer may exercise the powers under subsection (4) only if the officer has reasonable grounds for believing—

(a)that the person does not reside in the dwelling, and

(b)that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling.

(4)The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under section 127C, require the person to—

(a)permit entry to the vehicle,

(b)permit a search of the vehicle.

(5)An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise.

(6)A power conferred by this section may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

127G“Appropriate approval”

(1)This section has effect for the purposes of sections 127C, 127D, 127E and 127F.

(2)The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of the sheriff or (if that is not practicable in any case) the approval of a senior officer.

(3)A senior officer means—

(a)in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

(b)in relation to the exercise of a power by a constable, a senior police officer.

(4)A senior police officer means a police officer of at least the rank of inspector.

127HExercise of powers without judicial approval

(1)An appropriate officer must give a written report to the appointed person in any case where—

(a)the officer seizes property under section 127C without the approval of the sheriff, and

(b)any of the property seized is not detained for more than 48 hours.

(2)An appropriate officer must also give a written report to the appointed person in any case where—

(a)the officer exercises any of the powers conferred by sections 127D, 127E and 127F without the approval of the sheriff, and

(b)no property is seized under section 127C.

(3)A report under this section must give particulars of the circumstances which led the officer to believe that—

(a)the powers were exercisable, and

(b)it was not practicable to obtain the approval of the sheriff.

(4)The appointed person means a person appointed for the purposes of this subsection by the Scottish Ministers.

(5)The appointed person must not be a person employed under or for the purposes of the Scottish Administration; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Scottish Ministers.

(6)The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7).

(7)In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday,

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland, or

(e)any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the power is exercised.

127IReport by appointed person on exercise of powers

(1)As soon as possible after the end of each financial year, the person appointed under section 127H(4) must prepare a report for that year.

(2)“Financial year” means—

(a)the period beginning with the day on which section 56 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and

(b)each subsequent period of twelve months beginning with 1 April.

(3)The report must give the appointed person's opinion as to the circumstances and manner in which the powers conferred by sections 127C, 127D, 127E and 127F are being exercised in cases where the officer who exercised them is required to give a report under section 127H.

(4)The report may make any recommendations the appointed person considers appropriate.

(5)The appointed person must send a copy of the report to the Scottish Ministers.

(6)The Scottish Ministers must—

(a)publish any report received under subsection (5), and

(b)lay a copy before the Scottish Parliament.

(7)Before acting under subsection (6) the Scottish Ministers must exclude from the report any matter which the Scottish Ministers think is likely to prejudice any criminal investigation or criminal proceedings.

(8)If the Scottish Ministers exclude any matter from the report they must comply with subsection (6) in relation to the whole of the report as soon as they think that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

127JInitial detention of seized property

(3)The period of 48 hours is to be calculated in accordance with section 127H(7).

127KFurther detention pending making of restraint order

(1)This section applies if—

(a)property is detained under section 127J, and

(b)no restraint order is in force in respect of the property.

(2)If within the period mentioned in section 127J an application is made for a restraint order which includes provision under section 120A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against (or review of)—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against (or review of) that decision.

(4)In subsection (2) the reference to the period mentioned in section 127J includes that period as extended by any order under section 127M.

127LFurther detention pending variation of restraint order

(1)This section applies if—

(a)property is detained under section 127J,

(b)a restraint order is in force in respect of the property, and

(c)the order does not include provision under section 120A authorising the detention of the property.

(2)If within the period mentioned in section 127J an application is made for the order to be varied so as to include provision under section 120A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against (or review of)—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against (or review of) that decision.

127MFurther detention in other cases

(1)This section applies if—

(a)property is detained under section 127J,

(b)no restraint order is in force in respect of the property, and

(c)no application has been made for a restraint order which includes provision under section 120A authorising detention of the property.

(2)The sheriff may by order extend the period for which the property or any part of it may be detained under section 127J if satisfied that—

(a)any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff),

(b)the property or part is realisable property other than exempt property (within the meaning of section 127C(4)), and

(c)there are reasonable grounds for suspecting that—

(i)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the accused, or

(ii)the value of the property may otherwise be diminished as a result of conduct by the accused or any other person.

(3)An application for an order may be made by—

(a)the Commissioners for Her Majesty's Revenue and Customs,

(b)a constable, or

(c)the prosecutor.

(4)If the property was seized in reliance on the first or second condition in section 127B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence.

(5)An order under this section must provide for notice to be given to persons affected by it.

(6)In this section “part” includes portion.

127NDischarge, variation and lapse of detention order

(1)An order under section 127M may be discharged or varied.

(2)An application for variation or discharge of the order may be made by—

(a)a person mentioned in section 127M(3), or

(b)any person affected by the order.

(3)On an application under this section the sheriff must discharge the order if—

(a)the order was made on the ground that the first or second condition in section 127B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time,

(b)the order was made on the ground that the third or fourth condition in section 127B was met but proceedings for the offence mentioned in that condition have now been concluded,

(c)the order was made on the ground that the fifth, sixth or seventh condition in section 127B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time.

(4)An order made under section 127M lapses if a restraint order is made in respect of the property to which it relates (but provision authorising detention of the property may have been included in the restraint order by virtue of section 120A).

127OAppeals

(1)If on an application for an order under section 127M the sheriff decides not to make an order, a person mentioned in subsection (3) of that section may appeal to the Court of Session against the decision.

(2)If an application is made under section 127N in relation to an order the following persons may appeal to the Court of Session in respect of the sheriff's decision on the application—

(a)a person mentioned in section 127M(3), or

(b)any person affected by the order.

(3)An appeal under this section must be made before the end of the period of 21 days starting with the day on which the order was made.

(4)On an appeal under this section the Court of Session may—

(a)make or (as the case may be) discharge the order, or

(b)vary the order.

127PDetention of property pending section 127O appeal

(1)This section applies where—

(a)an application for an order under section 127M is made within the period mentioned in section 127J, and

(b)the application is refused.

(2)This section also applies where—

(a)an order is made under section 127M extending the period for which property may be detained under section 127J, and

(b)the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.

(3)The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).

127QRelease of property

(1)This section applies in relation to property which—

(a)has been seized by an appropriate officer under section 127C, and

(b)is detained under or by virtue of any of sections 127J to 127M and 127P.

(2)The property must be released if at any time an appropriate officer decides that the detention condition is no longer met.

(3)The detention condition is met for so long as—

(a)any of the conditions in section 127B is met, and

(b)there are reasonable grounds for the suspicion mentioned in section 127C(1).

(4)Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 127J to 127M and 127P.

(5)Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.

Guidance about search and seizure and detention of propertyE+W+S+N.I.

127RGuidance by Lord Advocate

(1)The Lord Advocate may issue guidance in connection with—

(a)the carrying out by appropriate officers of the functions conferred by sections 127C to 127H,

(b)the carrying out by senior officers of their functions under section 127G, and

(c)the detention of property under or by virtue of sections 120A, 122A and 127J to 127P.

(2)The Lord Advocate must publish any guidance issued under this section.”

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

57Search and seizure of property: Northern IrelandE+W+S+N.I.

“Search and seizure powersE+W+S+N.I.

195ASections 195B to 195S: meaning of “appropriate officer”

(1)In sections 195B to 195S “appropriate officer” means—

(a)an officer of Revenue and Customs,

(b)a constable, or

(c)an accredited financial investigator.

(2)In subsection (1)(c) the reference to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that provision by the Secretary of State under section 453.

195BConditions for exercise of powers

(1)An appropriate officer may exercise the power conferred by section 195C if satisfied that any of the following conditions is met.

(2)The first condition is that—

(a)a criminal investigation has been started in Northern Ireland with regard to an indictable offence,

(b)a person has been arrested for the offence,

(c)proceedings for the offence have not yet been started against the person in Northern Ireland,

(d)there is reasonable cause to believe that the person has benefited from conduct constituting the offence, and

(e)a restraint order is not in force in respect of any realisable property.

(3)The second condition is that—

(a)a criminal investigation has been started in Northern Ireland with regard to an indictable offence,

(b)a person has been arrested for the offence,

(c)proceedings for the offence have not yet been started against the person in Northern Ireland, and

(d)a restraint order is in force in respect of any realisable property.

(4)The third condition is that—

(a)proceedings for an indictable offence have been started in Northern Ireland and have not been concluded,

(b)there is reasonable cause to believe that the defendant has benefited from conduct constituting the offence, and

(c)a restraint order is not in force in respect of any realisable property.

(5)The fourth condition is that—

(a)proceedings for an indictable offence have been started in Northern Ireland and have not been concluded, and

(b)a restraint order is in force in respect of any realisable property.

(6)The fifth condition is that—

(a)an application by the prosecutor has been made under section 169, 170, 177 or 178 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the defendant has benefited from criminal conduct.

(7)The sixth condition is that—

(a)an application by the prosecutor has been made under section 171 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant's benefit exceeds the relevant amount (as defined in that section).

(8)The seventh condition is that—

(a)an application by the prosecutor has been made under section 172 and not concluded, or the officer believes that such an application is to be made, and

(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

(9)The third or fourth condition is not met if the officer believes that—

(a)there has been undue delay in continuing the proceedings, or

(b)the prosecutor does not intend to proceed.

(10)If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that—

(a)there has been undue delay in continuing the application, or

(b)the prosecutor does not intend to proceed.

(11)In relation to the first or second condition references in sections 195C to 195S to the defendant are to the person mentioned in that condition.

(12)In relation to the first or second condition section 225(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

195CPower to seize property

(1)On being satisfied as mentioned in section 195B(1) an appropriate officer may seize any realisable property if the officer has reasonable grounds for suspecting that—

(a)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or

(b)the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.

(2)But the officer may not seize—

(a)cash, or

(b)exempt property.

(3)“Cash” has the same meaning as in section 289.

(4)“Exempt property” means—

(a)such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation;

(b)such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family.

(5)In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the defendant are to be read as references to the recipient of that gift.

Section 195B(11) is subject to this subsection.

(6)The power conferred by this section—

(a)may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and

(b)is exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979).

(7)“Relevant offence” means—

(a)in a case where the officer is satisfied that the first, second, third or fourth condition in section 195B is met, the offence mentioned in that condition,

(b)in a case where the officer is satisfied that any of the other conditions in section 195B is met, the offence (or any of the offences) concerned.

195DSearch power: premises

(1)If an appropriate officer is lawfully on any premises the officer may search the premises for the purpose of finding any property which—

(a)the officer has reasonable grounds for suspecting may be found there, and

(b)if found there, the officer intends to seize under section 195C.

(2)The power conferred by this section may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

(3)“Premises” has the meaning given by Article 25 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

195ESearch power: people

(1)An appropriate officer may exercise the following powers if the officer has reasonable grounds for suspecting that a person is carrying property that may be seized under section 195C.

(2)The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under that section, require the person—

(a)to permit a search of any article with the person,

(b)to permit a search of the person.

(3)An officer exercising a power under subsection (2) may detain the person for so long as is necessary for its exercise.

(4)A power conferred by this section may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

(5)This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

195FSearch power: vehicles

(1)The powers specified in subsection (4) are exercisable if—

(a)an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 195C, and

(b)it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle.

(2)The powers are exercisable only if the vehicle is—

(a)in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

(b)in any other place to which at that time people have ready access but which is not a dwelling.

(3)But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the officer may exercise the powers under subsection (4) only if the officer has reasonable grounds for believing—

(a)that the person does not reside in the dwelling, and

(b)that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling.

(4)The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under section 195C, require the person to—

(a)permit entry to the vehicle,

(b)permit a search of the vehicle.

(5)An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise.

(6)A power conferred by this section may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

195G“Appropriate approval”

(1)This section has effect for the purposes of sections 195C, 195D, 195E and 195F.

(2)The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of a lay magistrate or (if that is not practicable in any case) the approval of a senior officer.

(3)A senior officer means—

(a)in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

(b)in relation to the exercise of a power by a constable, a senior police officer,

(c)in relation to the exercise of a power by an accredited financial investigator, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453.

(4)A senior police officer means a police officer of at least the rank of inspector.

195HExercise of powers without judicial approval

(1)An appropriate officer must give a written report to the appointed person in any case where—

(a)the officer seizes property under section 195C without the approval of a lay magistrate, and

(b)any of the property seized is not detained for more than 48 hours.

(2)An appropriate officer must also give a written report to the appointed person in any case where—

(a)the officer exercises any of the powers conferred by sections 195D, 195E and 195F without the approval of a lay magistrate, and

(b)no property is seized under section 195C.

(3)A report under this section must give particulars of the circumstances which led the officer to believe that—

(a)the powers were exercisable, and

(b)it was not practicable to obtain the approval of a lay magistrate.

(4)The appointed person means a person appointed for the purposes of this subsection by the [F27Department of Justice].

(5)The appointed person must not be a person employed under or for the purposes of a government department; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the [F28Department of Justice].

(6)The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7).

(7)In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday, or

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

195IReport by appointed person on exercise of powers

(1)As soon as possible after the end of each financial year, the person appointed under section 195H(4) must prepare a report for that year.

(2)“Financial year” means—

(a)the period beginning with the day on which section 57 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and

(b)each subsequent period of twelve months beginning with 1 April.

(3)The report must give the appointed person's opinion as to the circumstances and manner in which the powers conferred by sections 195C, 195D, 195E and 195F are being exercised in cases where the officer who exercised them is required to give a report under section 195H.

(4)The report may make any recommendations the appointed person considers appropriate.

(5)The appointed person must send a copy of the report to the [F30Department of Justice].

[F33(6A)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.]

(7)Before acting under subsection (6) the [F34Department of Justice] must exclude from the report any matter which the [F34Department of Justice] thinks is likely to prejudice any criminal investigation or criminal proceedings.

(8)If the [F34Department of Justice] excludes any matter from the report the [F34Department of Justice] must comply with subsection (6) in relation to the whole of the report as soon as the [F34Department of Justice] thinks that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

195JInitial detention of seized property

(3)The period of 48 hours is to be calculated in accordance with section 195H(7).

195KFurther detention pending making of restraint order

(1)This section applies if—

(a)property is detained under section 195J, and

(b)no restraint order is in force in respect of the property.

(2)If within the period mentioned in section 195J an application is made for a restraint order which includes provision under section 190A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against that decision.

(4)In subsection (2) the reference to the period mentioned in section 195J includes that period as extended by any order under section 195M.

195LFurther detention pending variation of restraint order

(1)This section applies if—

(a)property is detained under section 195J,

(b)a restraint order is in force in respect of the property, and

(c)the order does not include provision under section 190A authorising the detention of the property.

(2)If within the period mentioned in section 195J an application is made for the order to be varied so as to include provision under section 190A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against that decision.

195MFurther detention in other cases

(1)This section applies if—

(a)property is detained under section 195J,

(b)no restraint order is in force in respect of the property, and

(c)no application has been made for a restraint order which includes provision under section 190A authorising detention of the property.

(2)A magistrates' court may by order extend the period for which the property or any part of it may be detained under section 195J if satisfied that—

(a)any of the conditions in section 195B is met (reading references in that section to the officer as references to the court),

(b)the property or part is realisable property other than exempt property (within the meaning of section 195C(4)), and

(c)there are reasonable grounds for suspecting that—

(i)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or

(ii)the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.

(3)An application for an order may be made by—

(a)the Commissioners for Her Majesty's Revenue and Customs,

(b)a constable,

(c)an accredited financial investigator, or

(d)the prosecutor.

(4)If the property was seized in reliance on the first or second condition in section 195B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence.

(5)An order under this section must provide for notice to be given to persons affected by it.

(6)In this section “part” includes portion.

195NDischarge, variation and lapse of detention order

(1)An order under section 195N may be discharged or varied.

(2)An application for variation or discharge of the order may be made by—

(a)a person mentioned in section 195M(3), or

(b)any person affected by the order.

(3)On an application under this section the court must discharge the order if—

(a)the order was made on the ground that the first or second condition in section 195B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time,

(b)the order was made on the ground that the third or fourth condition in section 195B was met but proceedings for the offence mentioned in that condition have now been concluded,

(c)the order was made on the ground that the fifth, sixth or seventh condition in section 195B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time.

(4)An order made under section 195M lapses if a restraint order is made in respect of the property to which it relates (but provision authorising detention of the property may have been included in the restraint order by virtue of section 190A).

195OAppeals

(1)If on an application for an order under section 195M the court decides not to make one, a person mentioned in subsection (3) of that section may appeal to the county court against the decision.

(2)If an application is made under section 195N in relation to an order the following persons may appeal to the county court in respect of the magistrates' court's decision on the application—

(a)a person mentioned in section 195M(3), or

(b)any person affected by the order.

195PDetention of property pending section 195O appeal

(1)This section applies where—

(a)an application for an order under section 195M is made within the period mentioned in section 195J, and

(b)the application is refused.

(2)This section also applies where—

(a)an order is made under section 195M extending the period for which property may be detained under section 195J, and

(b)the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.

(3)The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).

195QHearsay evidence in detention order proceedings

(1)Evidence must not be excluded in detention order proceedings on the ground that it is hearsay (of whatever degree).

(2)Articles 4 and 5 of the Civil Evidence (Northern Ireland) Order 1997 apply in relation to detention order proceedings as those articles apply in relation to civil proceedings.

(3)Detention order proceedings are proceedings—

(a)for an order under section 195M;

(b)for the discharge or variation of such an order;

(c)on an appeal under section 195O.

(4)Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is tendered as evidence of the matters stated.

(5)Nothing in this section affects the admissibility of evidence which is admissible apart from this section.

195RRelease of property

(1)This section applies in relation to property which—

(a)has been seized by an appropriate officer under section 195C, and

(b)is detained under or by virtue of any of sections 195J to 195M and 195P.

(2)The property must be released if at any time an appropriate officer decides that the detention condition is no longer met.

(3)The detention condition is met for so long as—

(a)any of the conditions in section 195B is met, and

(b)there are reasonable grounds for the suspicion mentioned in section 195C(1).

(4)Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 195J to 195M and 195P.

(5)Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.

Code of practice about search and seizure and detention of property[F35: Secretary of State]E+W+S+N.I.

195SCodes of practice

(1)The Secretary of State must make a code of practice in connection with—

(a)the carrying out by [F36officers of Revenue and Customs] of the functions conferred by section 195C to 195H,

(b)the carrying out by senior officers of their functions under section 195G, and

(c)the detention of property [F37by officers of Revenue and Customs and members of staff of SOCA]under or by virtue of sections 190A, 193A and 195J to 195P.

[F38(1A)In subsection (1) senior officers means officers of Revenue and Customs of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a police officer of at least the rank of inspector.]

(2)Where the Secretary of State proposes to issue a code of practice the Secretary of State must—

(a)publish a draft,

(b)consider any representations made about the draft,

(c)if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.

(3)The Secretary of State must lay a draft of the code before Parliament.

(4)When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by order.

(5)The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

(6)A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.

(7)The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(1)The Department of Justice must make a code of practice in connection with—

(a)the carrying out by constables and accredited financial investigators of the functions conferred by sections 195C to 195H,

(b)the carrying out by senior officers of their functions under section 195G, and

(c)the detention of property by—

(i)constables,

(ii)accredited financial investigators, and

(iii)members of staff of the relevant director (within the meaning of section 352(5A)(b)),

under or by virtue of sections 190A, 193A and 195J to 195P.

(2)In subsection (1)(b) senior officers means—

(a)police officers of at least the rank of inspector,

(b)accredited financial investigators who fall within a description specified in an order made for this purpose by the Secretary of State under section 453.

(3)Where the Department of Justice proposes to issue a code of practice the Department of Justice must—

(a)publish a draft,

(b)consider any representations made about the draft,

(c)if the Department of Justice thinks appropriate, modify the draft in the light of any such representations.

(4)The Department of Justice must lay a draft of the code before the Northern Ireland Assembly.

(5)When the Department of Justice has laid a draft of the code before the Assembly the Department of Justice may bring it into operation by order.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(7)The Department of Justice may revise the whole or any part of the code and issue the code as revised; and subsections (3) to (6) apply to such a revised code as they apply to the original code.

(8)A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.

(9)The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.”]

(a)in subsection (7A) after “section” (the second time it appears) insert “195T(5),”,

(b)in subsection (7B) after “section” insert “195T(5),]

Annotations:

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58Power to sell seized personal property: England and WalesE+W+S+N.I.

“67ASeized personal property

(1)This section applies to personal property which is held by a person and which—

(a)has been seized by an appropriate officer under a relevant seizure power, or

(b)has been produced to an appropriate officer in compliance with a production order under section 345.

(2)This section applies if the following conditions are satisfied—

(a)a confiscation order is made against the person by whom the property is held;

(b)a receiver has not been appointed under section 50 in relation to the property;

(c)any period allowed under section 11 for payment of the amount ordered to be paid under the confiscation order has ended.

(3)In such a case a magistrates' court may by order authorise an appropriate officer to realise the property.

(4)In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 41A.

67BCosts of storage and realisation

(1)This section applies if a magistrates' court makes an order under section 67A.

(2)The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—

(a)storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;

(b)realising the property.

(3)If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 55(4).

(4)A determination under this section may be made on the same occasion as the section 67A order or on any later occasion; and more than one determination may be made in relation to any case.

(5)In this section “appropriate officer” has the same meaning as in section 41A.

67CSections 67A and 67B: appeals

(1)If a magistrates' court decides not to make an order under section 67A, an appropriate officer may appeal to the Crown Court.

(2)If a magistrates' court makes an order under section 67A, a person affected by the order may appeal to the Crown Court.

(3)But the person mentioned in section 67A(2)(a) may not appeal.

(4)An appropriate officer may appeal to the Crown Court against—

(a)a determination made by a magistrates' court under section 67B;

(b)a decision by a magistrates' court not to make a determination under that section.

(5)In this section “appropriate officer” has the same meaning as in section 41A.

67DProceeds of realisation

(1)This section applies to sums which—

(a)are in the hands of an appropriate officer, and

(b)are the proceeds of the realisation of property under section 67A.

(2)The sums must be applied as follows—

(a)first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

(b)second, they must be applied in making any payments directed by the magistrates' court or the Crown Court;

(c)third, they must be paid to the appropriate designated officer on account of the amount payable under the confiscation order.

(3)If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer's hands, the appropriate officer must distribute them—

(a)among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates' court or the Crown Court directs, and

(b)in such proportions as it directs.

(4)Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.

(5)If the magistrates' court has made a direction under subsection (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.

(6)In this section—

“appropriate officer” has the same meaning as in section 41A;

“appropriate designated officer” means the designated officer for the magistrates' court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine.”

(3)Accordingly, at the end of the cross-heading immediately above that section insert “ and personal property ”.

“(c)third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 67B.”

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“(5A)If the clerk of court received the sums from an appropriate officer under section 130 or 131D, the clerk of court must next apply them in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 131B.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

60Power to sell seized personal property: Northern IrelandE+W+S+N.I.

“215ASeized personal property

(1)This section applies to personal property which is held by a person and which—

(a)has been seized by an appropriate officer under a relevant seizure power, or

(b)has been produced to an appropriate officer in compliance with a production order under section 345.

(2)This section applies if the following conditions are satisfied—

(a)a confiscation order is made against the person by whom the property is held;

(b)a receiver has not been appointed under section 198 in relation to the property;

(c)any period allowed under section 161 for payment of the amount ordered to be paid under the confiscation order has ended.

(3)In such a case a magistrates' court may by order authorise an appropriate officer to realise the property.

(4)In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 190A.

215BCosts of storage and realisation

(1)This section applies if a magistrates' court makes an order under section 215A.

(2)The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—

(a)storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;

(b)realising the property.

(3)If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 203(4).

(4)A determination under this section may be made on the same occasion as the section 215A order or on any later occasion; and more than one determination may be made in relation to any case.

(5)In this section “appropriate officer” has the same meaning as in section 190A.

215CSections 215A and 215B: appeals

(1)If a magistrates' court decides not to make an order under section 215A, an appropriate officer may appeal to a county court.

(2)If a magistrates' court makes an order under section 215A, a person affected by the order may appeal to a county court.

(3)But the person mentioned in section 215A(2)(a) may not appeal.

(4)An appropriate officer may appeal to a county court against—

(a)a determination made by a magistrates' court under section 215B;

(b)a decision by a magistrates' court not to make a determination under that section.

(5)In this section “appropriate officer” has the same meaning as in section 190A.

215DProceeds of realisation

(1)This section applies to sums which—

(a)are in the hands of an appropriate officer, and

(b)are the proceeds of the realisation of property under section 215A.

(2)The sums must be applied as follows—

(a)first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

(b)second, they must be applied in making any payments directed by the magistrates' court or Crown Court;

(c)third, they must be paid to the appropriate chief clerk on account of the amount payable under the confiscation order.

(3)If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer's hands, the appropriate officer must distribute them—

(a)among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates' court or Crown Court directs, and

(b)in such proportions as it directs.

(4)Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.

(5)If the magistrates' court has made a direction under subsection (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.

(6)In this section—

“appropriate officer” has the same meaning as in section 190A, and

“appropriate chief clerk” has the same meaning as in section 202(7).”

(3)Accordingly, at the end of the cross-heading immediately above that section insert “ and personal property ”.

“(c)third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 215B.”

Annotations:

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61Payment of compensationE+W+S+N.I.

“(ba)if the person in default was a member of staff of SOCA, the compensation is payable by SOCA;”, and

(b)after paragraph (e) insert—

“(f)if the person in default was an accredited financial investigator and none of paragraphs (a) to (e) apply, the compensation is payable in accordance with paragraph (a), (c) or (e) of section 302(7A) (as the case may require).”

(5)In paragraph (b), for “a member of the Director of Public Prosecutions for Northern Ireland” substitute “ a member of the Public Prosecution Service for Northern Ireland ”.

(6)After paragraph (b) insert—

“(ba)if the person in default was a member of staff of SOCA, the compensation is payable by SOCA;”.

(7)After paragraph (e) insert—

“(f)if the person in default was an accredited financial investigator and none of paragraphs (a) to (e) apply, the compensation is payable in accordance with paragraph (b), (d) or (e) of section 302(7A) (as the case may require).”

Annotations:

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(a)apply to causes of action which accrued before, as well as to causes of action which accrue after, the commencement of this section, but

(b)do not apply to causes of action barred by the provisions mentioned in subsection (1) before the commencement of this section.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

63Power to search vehiclesE+W+S+N.I.

(1)Section 289 of the Proceeds of Crime Act 2002 (c. 29) (searches) is amended as set out in subsections (2) to (4).

(2)After subsection (1) insert—

“(1A)The powers specified in subsection (1D) are exercisable if—

(a)a customs officer, a constable or an accredited financial investigator has reasonable grounds for suspecting that there is cash falling within subsection (1E) in a vehicle, and

(b)it appears to the officer, constable or investigator that the vehicle is under the control of a person (the suspect) who is in or in the vicinity of the vehicle.

(1B)The powers are exercisable only if the vehicle is—

(a)in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

(b)in any other place to which at that time people have ready access but which is not a dwelling.

(1C)But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the customs officer, constable or accredited financial investigator may exercise the powers under subsection (1D) only if the officer, constable or investigator has reasonable grounds for believing—

(a)that the suspect does not reside in the dwelling, and

(b)that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(1D)The customs officer, constable or accredited financial investigator may, so far as the officer, constable or investigator thinks it necessary or expedient, require the suspect to—

(a)permit entry to the vehicle,

(b)permit a search of the vehicle.

(1E)Cash falls within this subsection if—

(a)it is recoverable property or is intended by any person for use in unlawful conduct, and

(b)the amount of it is not less than the minimum amount.”

(3)In subsection (4) for the words from “exercising” to the end substitute “may—

(a)in exercising powers by virtue of subsection (1D), detain the vehicle for so long as is necessary for their exercise,

(b)in exercising powers by virtue of subsection (3)(b), detain the suspect for so long as is necessary for their exercise.”

(4)In subsection (5)(c) for the words from “premises” to the end substitute “the following—

(i)premises in England, Wales or Northern Ireland (in the case of subsection (1)),

(ii)vehicles and suspects in England, Wales or Northern Ireland (in the case of subsections (1D) and (4)(a)),

(iii)suspects in England, Wales or Northern Ireland (in the case of subsections (2), (3) and (4)(b)).”

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64Detention of seized cashE+W+S+N.I.

(1)In section 295(2)(a) of the Proceeds of Crime Act 2002 (c. 29) (period for which court may authorise further detention of seized cash) for “three months” substitute “ six months ”.

(2)The amendment made by subsection (1) applies in relation to cash seized before or after the commencement of this section.

Annotations:

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65Forfeiture of detained cashE+W+S+N.I.

“Forfeiture without court orderE+W+S+N.I.

297AForfeiture notice

(1)Subsection (2) applies while any cash is detained in pursuance of an order under section 295(2) made by a magistrates' court in England and Wales or Northern Ireland.

(2)A senior officer may give a notice for the purpose of forfeiting the cash or any part of it if satisfied that the cash or part—

(a)is recoverable property, or

(b)is intended by any person for use in unlawful conduct.

(3)The Secretary of State must make regulations about how a notice is to be given.

(4)The regulations may provide—

(a)for a notice to be given to such person or persons, and in such manner, as may be prescribed;

(b)for a notice to be given by publication in such manner as may be prescribed;

(c)for circumstances in which, and the time at which, a notice is to be treated as having been given.

(5)The regulations must ensure that where a notice is given it is, if possible, given to every person to whom notice of an order under section 295(2) in respect of the cash has been given.

(6)A senior officer means—

(a)an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

(b)a senior police officer, or

(c)an accredited financial investigator.

(7)A senior police officer means a police officer of at least the rank of inspector.

(8)A notice under this section is referred to in this Chapter as a forfeiture notice.

297BContent

(1)A forfeiture notice must—

(a)state the amount of cash in respect of which it is given,

(b)state when and where the cash was seized,

(c)confirm that the senior officer is satisfied as mentioned in section 297A(2),

(d)specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and

(e)explain that the cash will be forfeited unless an objection is received at that address within the period for objecting.

(2)The period for objecting must be at least 30 days starting with the day after the notice is given.

297CEffect

(1)This section applies if a forfeiture notice is given in respect of any cash.

(2)The cash is to be detained until—

(a)the cash is forfeited under this section,

(b)the notice lapses under this section, or

(c)the cash is released under a power conferred by this Chapter.

(3)If no objection is made within the period for objecting, and the notice has not lapsed, the cash is forfeited (subject to section 297E).

(4)If an objection is made within the period for objecting, the notice lapses.

(5)If an application is made for the forfeiture of the whole or any part of the cash under section 298, the notice lapses.

(6)If the cash or any part of it is released under a power conferred by this Chapter, the notice lapses or (as the case may be) lapses in relation to that part.

(7)An objection may be made by anyone, whether a recipient of the notice or not.

(8)An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address.

(9)An objection does not prevent forfeiture of the cash under section 298.

(10)Nothing in this section affects the validity of an order under section 295(2).

297DDetention following lapse of notice

(1)This section applies if—

(a)a forfeiture notice is given in respect of any cash,

(b)the notice lapses under section 297C(4), and

(c)the period for which detention of the cash was authorised under section 295(2) has expired.

(2)The cash may be detained for a further period of up to 48 hours (calculated in accordance with section 295(1B)).

(3)But if within that period the Commissioners for Her Majesty's Revenue and Customs, a constable or an accredited financial investigator decides that neither of the applications mentioned in subsection (4) ought to be made, the cash must be released.

(4)The applications are—

(a)an application for a further order under section 295(2);

(b)an application for forfeiture of the cash under section 298.

(5)“ If within that period an application is made for a further order under section 295(2) the cash may be detained until the application is determined or otherwise disposed of. ”

297EApplication to set aside forfeiture

(1)This section applies if any cash is forfeited in pursuance of a forfeiture notice.

(2)A person aggrieved by the forfeiture may apply to a magistrates' court in England and Wales or Northern Ireland for an order setting aside the forfeiture of the cash or any part of it.

(3)The application must be made before the end of the period of 30 days starting with the day on which the period for objecting ended.

(4)But the court may give permission for an application to be made after the 30-day period has ended if it thinks that there are exceptional circumstances to explain why the applicant—

(a)failed to object to the forfeiture within the period for objecting, and

(b)failed to make an application within the 30-day period.

(5)On an application under this section the court must consider whether the cash to which the application relates could be forfeited under section 298 (ignoring the forfeiture mentioned in subsection (1) above).

(6)If the court is satisfied that the cash to which the application relates or any part of it could not be forfeited under that section it must set aside the forfeiture of that cash or part.

(7)Where the court sets aside the forfeiture of any cash—

(a)it must order the release of that cash, and

(b)that cash is to be treated as never having been forfeited.

297FRelease of cash subject to forfeiture notice

(1)This section applies while any cash is detained under section 297C or 297D.

(2)A magistrates' court may direct the release of the whole or any part of the cash if the following condition is met.

(3)The condition is that the court is not satisfied, on an application by the person from whom the cash was seized, that the cash to be released—

(a)is recoverable property, or

(b)is intended by any person for use in unlawful conduct.

(4)An officer of Revenue and Customs, constable or accredited financial investigator may release the cash or any part of it if satisfied that the detention of the cash to be released is no longer justified.

297GApplication of forfeited cash

(1)Cash forfeited in pursuance of a forfeiture notice, and any accrued interest on it, is to be paid into the Consolidated Fund.

(2)But it is not to be paid in—

(a)before the end of the period within which an application under section 297E may be made (ignoring the possibility of an application by virtue of section 297E(4)), or

(b)if an application is made within that period, before the application is determined or otherwise disposed of.”

(3)In section 299(4) of that Act (appeal against forfeiture order: release of cash) for “order the release of the cash” substitute “ order the release of the whole or any part of the cash ”.

(4)In section 297A(1) of that Act (inserted by subsection (1) above) the reference to an order includes an order made before the commencement of this section.

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(c)in subsection (10) for “if the appropriate person has reasonable” substitute “ if an appropriate officer has reasonable ”, and

(d)omit subsections (11) and (12).

Annotations:

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(a)an arrest warrant is issued by an authority of a category 1 territory in a case in which an article 26 alert is issued,

(b)the information contained in the warrant and the alert are transmitted to the designated authority by electronic means, and

(c)that information is received by the designated authority in a qualifying form.

(2)This section also applies if—

(a)an arrest warrant is issued by an authority of a category 1 territory in a case in which no article 26 alert is issued,

(b)the information contained in the warrant is transmitted to the designated authority by electronic means, and

(c)that information is received by the designated authority in a qualifying form.

(3)The reference in section 2(2) to an arrest warrant issued by a judicial authority of a category 1 territory is to be read as if it were a reference to the information received by the designated authority.

(4)The references in section 63(1) to an arrest warrant are to be read as if they were references to the information received by the designated authority.

(5)For the purposes of subsection (1), a reference to the information contained in the article 26 alert includes a reference to any information sent with that information relating to the case in question.

(6)For the purposes of this section—

(a)an article 26 alert is an alert issued pursuant to article 26 of the Council Decision on the establishment, operation and use of the second generation Schengen Information System of 12 June 2007,

(b)references to information being transmitted by electronic means do not include facsimile transmission, and

(c)information is received in a qualifying form if it is received in a form in which it is intelligible and which is capable of being used for subsequent reference.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Deferral of extraditionE+W+S+N.I.

69Extradition to category 1 territoryE+W+S+N.I.

“8APerson charged with offence in United Kingdom before extradition hearing

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b)the judge is informed that the person is charged with an offence in the United Kingdom.

(2)The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

8BPerson serving sentence in United Kingdom before extradition hearing

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3)In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i)sub-paragraph (a)(iii), or

(ii)the words after sub-paragraph (b),

were a reference to six months.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

70Extradition to category 2 territoryE+W+S+N.I.

“76APerson charged with offence in United Kingdom before extradition hearing

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b)the judge is informed that the person is charged with an offence in the United Kingdom.

(2)The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

76BPerson serving sentence in United Kingdom before extradition hearing

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3)In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i)sub-paragraph (a)(iii), or

(ii)the words after sub-paragraph (b),

were a reference to six months.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

71Person charged with offence or serving sentence of imprisonmentE+W+S+N.I.

(1)The Extradition Act 2003 (c. 41) is amended as follows.

(2)In section 22(3) (power to adjourn extradition hearing in Part 1 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

(3)In section 23 (person serving sentence in Part 1 case)—

(a)in subsection (1), after “issued is” insert “ in custody ”, and

(b)in subsection (2), for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

(4)In section 88(3) (power to adjourn extradition hearing in Part 2 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

(5)In section 89 (person serving sentence in Part 2 case)—

(a)in subsection (1) after “person is” insert “ in custody ”, and

(b)in subsection (2) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

(6)In section 97(3) (power to defer decision on extradition) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

(b)in subsection (2) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

(8)In section 102(3) (meaning of “appropriate day” where decision deferred) for the words from “until the person” to the end substitute “ , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise). ”

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Return to overseas territoryE+W+S+N.I.

72Return from category 1 territoryE+W+S+N.I.

“59Return of person to serve remainder of sentence

(a)a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 1 territory in accordance with this Part;

(b)the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

(2)Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.

(3)But subsection (2) does not apply if—

(a)the person was extradited for the purpose of being prosecuted for an offence, and

(b)the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 1 territory.

(4)In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

(5)In a case where the person is not entitled to be released from detention pursuant to the sentence—

(a)the person is liable to be detained in pursuance of the sentence, and

(b)if at large, the person must be treated as being unlawfully at large.

(6)In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

(a)if the person was released on licence at the time of extradition, the licence is suspended until the person's return;

(b)if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7)The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8)A constable or immigration officer may—

(a)take the offender into custody, and

(b)convey the offender to the place mentioned in subsection (7).

(9)The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10)In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday, or

(d)in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

(11)A person is entitled to be released from detention if there is—

(a)a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(b)a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(c)a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12)The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13)An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

73Return from category 2 territoryE+W+S+N.I.

“132Return of person to serve remainder of sentence

(a)a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 2 territory in accordance with this Part;

(b)the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

(2)Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.

(3)But subsection (2) does not apply if—

(a)the person was extradited for the purpose of being prosecuted for an offence, and

(b)the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 2 territory.

(4)In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

(5)In a case where the person is not entitled to be released from detention pursuant to the sentence—

(a)the person is liable to be detained in pursuance of the sentence, and

(b)if at large, the person must be treated as being unlawfully at large.

(6)In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

(a)if the person was released on licence at the time of extradition, the licence is suspended until the person's return,

(b)if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7)The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8)A constable or immigration officer may—

(a)take the offender into custody, and

(b)convey the offender to the place mentioned in subsection (7).

(9)The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10)In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

(11)A person is entitled to be released from detention if there is—

(a)a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(b)a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(c)a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12)The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13)An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

“153AUndertaking in relation to person serving sentence

(a)a person is accused in the United Kingdom of the commission of an offence or has been convicted of an offence by or before a court in the United Kingdom;

(b)a Part 3 warrant is issued in respect of the person or the Secretary of State makes a request for the extradition of the person;

(c)the person is serving a sentence of imprisonment or another form of detention in a territory;

(d)the person's extradition to the United Kingdom from the territory in pursuance of the warrant or request is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom with regard to the person's treatment in the United Kingdom or return to the territory (or both).

(2)The Secretary of State may give an undertaking to a person acting on behalf of the territory with regard to either or both of these things—

(a)the treatment in the United Kingdom of the person in respect of whom the warrant is issued or the request for extradition is made;

(b)the return of that person to the territory.

(3)The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person accused in the United Kingdom of the commission of an offence include terms—

(a)that the person be kept in custody until the conclusion of the proceedings against the person for the offence and any other offence in respect of which the person is permitted to be dealt with in the United Kingdom;

(b)that the person be returned to the territory to serve the remainder of the sentence on the conclusion of those proceedings.

(4)The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person who has been convicted of an offence by or before a court in the United Kingdom include terms that the person be returned to the territory to serve the remainder of the sentence after the person would otherwise be released from detention pursuant to the sentence imposed in the United Kingdom (whether or not on licence).

(5)If a person is to be returned to a territory by virtue of an undertaking given under subsection (2), the undertaking is sufficient authority for a constable—

(a)to remove the person from any prison or other institution where the person is detained;

(b)to keep the person in custody until returned;

(c)to convey the person to the territory.

153BReturn of person in pursuance of undertaking

(1)This section applies if—

(a)an undertaking is given under section 153A(2) as to the return of a person to a territory;

(b)the person is returned to the territory in pursuance of the undertaking;

(c)the person is returned to the United Kingdom to serve the remainder of any sentence imposed in the United Kingdom or the person otherwise returns to the United Kingdom.

(2)Time during which the person was outside the United Kingdom as a result of the undertaking given under section 153A(2) does not count as time served by the person as part of the sentence.

(3)If the person is not entitled to be released from detention pursuant to the sentence—

(a)the person is liable to be detained in pursuance of the sentence, and

(b)if at large, the person must be treated as being unlawfully at large.

(4)If the person is entitled to be released from detention on licence pursuant to the sentence—

(a)if the person was released on licence at the time of return to the territory, the licence is suspended until the person's return to the United Kingdom;

(b)if the person was not released on licence at that time, subsections (5) to (8) apply in relation to the person (“the offender”).

(5)The offender is liable to be detained, on return to the United Kingdom, in any place in which the offender could have been detained pursuant to the sentence before the time of return to the territory.

(6)A constable or immigration officer may—

(a)take the offender into custody, and

(b)convey the offender to the place mentioned in subsection (5).

(7)The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(8)In calculating a period of 5 days for the purposes of subsection (7) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

(9)The powers conferred on a constable by subsection (6) are exercisable in any part of the United Kingdom.

(10)For the purposes of this section—

(a)a person is entitled to be released from detention if there is—

(i)a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(ii)a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(iii)a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(iv)a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008;

(b)an immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

153CReturn to extraditing territory to serve sentence

(1)This section applies if—

(a)a person is extradited to the United Kingdom from a territory for the purposes of being prosecuted for an offence;

(b)the person's extradition is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom as to the person's return to the territory.

(2)The Secretary of State may give an undertaking to a person acting on behalf of the territory as to the person's return to the territory.

(3)The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person include terms that if the person is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, the person is to be returned to the territory to serve the sentence.

(4)A person who is to be returned to a territory by virtue of an undertaking given under subsection (2) must be returned as soon as is reasonably practicable after the sentence is imposed and any other proceedings in respect of the offence are concluded.

(5)If subsection (4) is complied with the sentence for the offence is treated as served but the person's conviction for the offence must be treated as a conviction for all other purposes.

(6)The sentence for the offence is treated as served under subsection (5) only in so far as it consists of the sentence of imprisonment or another form of detention mentioned in subsection (3).

(7)Subsection (8) applies if—

(a)subsection (4) is not complied with, and

(b)the person applies to the court which imposed the sentence to expedite return to the territory.

(8)The court must order return by such date as is specified in the order unless reasonable cause is shown for the delay.

(9)If a person is to be returned by virtue of an undertaking given under subsection (2), a constable may—

(a)remove the person from any prison or other institution where the person is detained;

(b)keep the person in custody until returned;

(c)convey the person to the territory to which the person is to be returned.

153DSections 153A and 153C etc: supplementary

(1)Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention.

(2)References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which—

(a)a Part 3 warrant was issued in respect of the person to be returned, and

(b)the warrant was issued by a sheriff.

(3)The reference in subsection (1) to the Refugee Convention is to the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.”

(4)In section 153(1)(b) (return of person acquitted or not tried) for the words from “from” to the end substitute “ from a territory; ”.

(5)In section 197(2) (powers on escape from custody) after “Part 2” insert “ , or kept in custody by virtue of a power under Part 3, ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

75Cases in which sentence treated as servedE+W+S+N.I.

(2)In section 145(2) (sentence in territory executing Part 3 warrant) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.

(3)In section 152 (sentence in United Kingdom)—

(a)in subsection (1)(a) for the words from “from” to the end substitute “ from a territory; ”, and

(b)in subsection (2) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

76Dealing with person for other offencesE+W+S+N.I.

(2)Omit section 151 (dealing with person for other offences: other category 2 territories).

(3)Before section 152 insert—

“151ADealing with person for other offences

(1)This section applies if a person is extradited to the United Kingdom from a territory which is not—

(a)a category 1 territory, or

(b)a territory falling within section 150(1)(b).

(2)The person may be dealt with in the United Kingdom for an offence committed before the person's extradition only if—

(a)the offence is one falling within subsection (3), or

(b)the condition in subsection (4) is satisfied.

(3)The offences are—

(a)the offence in respect of which the person is extradited;

(b)an offence disclosed by the information provided to the territory in respect of that offence;

(c)an offence in respect of which consent to the person being dealt with is given on behalf of the territory.

(4)The condition is that—

(a)the person has returned to the territory from which the person was extradited, or

(b)the person has been given an opportunity to leave the United Kingdom.

(5)A person is dealt with in the United Kingdom for an offence if—

(a)the person is tried there for it;

(b)the person is detained with a view to trial there for it.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Ancillary mattersE+W+S+N.I.

77Provisional arrestE+W+S+N.I.

(1)Section 6 of the Extradition Act 2003 (c. 41) (requirements in relation to person subject to provisional arrest) is amended as follows.

(2)For subsections (2) and (3) substitute—

“(2)The person must be brought before the appropriate judge within 48 hours starting with the time when the person is arrested.

(2A)The documents specified in subsection (4) must be produced to the judge within 48 hours starting with the time when the person is arrested but this is subject to any extension under subsection (3B).

(2B)Subsection (3) applies if—

(a)the person has been brought before the judge in compliance with subsection (2); but

(b)documents have not been produced to the judge in compliance with subsection (2A).

(3)The person must be brought before the judge when the documents are produced to the judge.

(3A)While the person is before the judge in pursuance of subsection (2), the authority of the category 1 territory may apply to the judge for an extension of the 48 hour period mentioned in subsection (2A) by a further 48 hours.

(3B)The judge may grant an extension if the judge decides that subsection (2A) could not reasonably be complied with within the initial 48 hour period.

(3C)The judge must decide whether that subsection could reasonably be so complied with on a balance of probabilities.

(3D)Notice of an application under subsection (3A) must be given in accordance with rules of court.”

(3)After subsection (5) insert—

“(5A)Subsection (5B) applies if—

(a)the person is before the judge in pursuance of subsection (2); and

(b)the documents specified in subsection (4) have not been produced to the judge.

(5B)The judge must remand the person in custody or on bail (subject to subsection (6)).”

(4)In subsection (6) after “subsection (2)” insert “ , (2A) or (3) ”.

(5)After subsection (8) insert—

“(8A)In calculating a period of 48 hours for the purposes of this section no account is to be taken of—

(a)any Saturday or Sunday;

(b)Christmas Day;

(c)Good Friday; or

(d)any day falling within subsection (8B).

(8B)The following days fall within this subsection—

(a)in Scotland, any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the court of the appropriate judge;

(b)in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.”

(6)In section 7(1)(b) of the Extradition Act 2003 (c. 41) (application of provisions for verifying the identity of the person arrested) for “is arrested under section 5 and section 6(2)” substitute “ arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A) ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

78Use of live link in extradition proceedingsE+W+S+N.I.

“Live linksE+W+S+N.I.

206AUse of live links at certain hearings

(a)a hearing before the appropriate judge in proceedings under Part 1, other than—

(i)an extradition hearing within the meaning of that Part;

(ii)a hearing under section 54 or 56, and

(b)a hearing before the appropriate judge in proceedings under Part 2, other than an extradition hearing within the meaning of that Part.

(2)If satisfied that the person affected by an extradition claim is likely to be in custody during the hearing, the appropriate judge may give a live link direction at any time before the hearing.

(3)A live link direction is a direction that, if the person is being held in custody at the time of the hearing, any attendance at the hearing is to be through a live link from the place at which the person is held.

(4)Such a direction—

(a)may be given on the appropriate judge's own motion or on the application of a party to the proceedings, and

(b)may be given in relation to all subsequent hearings to which this section applies, or to such hearing or hearings to which this section applies as may be specified or described in the direction.

(5)The appropriate judge may give such a direction only if satisfied that it is not contrary to the interests of justice to give the direction.

(6)A person affected by an extradition claim is to be treated as present in court when, by virtue of a live link direction, the person attends a hearing through a live link.

206BLive links: supplementary

(1)The appropriate judge may rescind a live link direction at any time before or during a hearing to which it relates.

(2)The appropriate judge must not give a live link direction or rescind such a direction unless the parties to the proceedings have been given the opportunity to make representations.

(3)If a hearing takes place in relation to the giving or rescinding of a live link direction, the appropriate judge may require or permit any party to the proceedings who wishes to make representations to do so through a live link.

(4)If in a case where an appropriate judge has power to give a live link direction but decides not to do so, the appropriate judge must—

(a)state in open court the reasons for not doing so, and

(b)cause those reasons to be entered in the register of proceedings.

(5)Subsection (7) applies if—

(a)an application for a live link direction is made under section 206A(4) in relation to a qualifying hearing but the application is refused, or

(b)a live link direction is given in relation to a qualifying hearing but the direction is rescinded before the hearing takes place.

(6)A hearing is a qualifying hearing—

(a)in relation to proceedings under Part 1, if it is a hearing by virtue of which section 4(3) would be complied with;

(b)in relation to proceedings under Part 2, if it is a hearing by virtue of which section 72(3) or 74(3) would be complied with.

(7)The requirement in section 4(3), 72(3) or 74(3) (as the case requires) to bring the person as soon as practicable before the appropriate judge is to be read as a requirement to bring the person before that judge as soon as practicable after the application is refused or the direction is rescinded.

206CLive links: interpretation

(1)This section applies for the purposes of section 206A and subsections (2) and (3) also apply for the purposes of section 206B.

(2)In relation to proceedings under Part 1, section 67 applies for determining the appropriate judge.

(3)In relation to proceedings under Part 2, section 139 applies for determining the appropriate judge.

(4)A person is affected by an extradition claim if—

(a)a Part 1 warrant is issued in respect of the person;

(b)the person is arrested under section 5;

(c)a request for the person's extradition is made; or

(d)a warrant under section 73 is issued in respect of the person.

(5)References to being in custody include—

(a)in England and Wales, references to being in police detention within the meaning of the Police and Criminal Evidence Act 1984;

(b)in Northern Ireland, references to being in police detention within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989;

(6)“Live link” means an arrangement by which a person, while absent from the place where the hearing is being held, is able—

(a)to see and hear the appropriate judge, and other persons,

(b)to be seen and heard by the judge, other persons,

and for this purpose any impairment of eyesight or hearing is to be disregarded.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.